scholarly journals LEGAL SECURITY AND COUP D’ÉTAT – HISTORICAL AND MODERN PERSPECTIVES

2017 ◽  
Vol 30 (3) ◽  
pp. 29-53
Author(s):  
Marcin Konarski
Keyword(s):  
Legal Status ◽  
Coup D'etat ◽  
Legal Norms ◽  
Political Upheaval ◽  
Natural Tendency ◽  
Indirect Consequence ◽  
The Subject ◽  
Legal Security ◽  
The Individual ◽  
The Relationship

The article discusses the relationship between the concepts of “legal security” and “coup d’état” on the basis of the evolution of these concepts over the centuries. The analysis of the terms which the author is interested in, adopted as the subject of this study, leads to the conclusion that, in particular, the concept of “coup d’état” is often mistakenly refereed to as a “revolution” or a “putsch”. A political upheaval, one of the methods of which is a coup d’ état, should be regarded, in the light of the research carried out, as deviating from the concept and character of a social up-heaval. In the case of a political upheaval, the legal security of the individual is usu-ally protected as before, and a possible lack of such security should only be treated as a result of the natural tendency of the individual to protect his or her legal status within a state organisation. It is only with changes of social (class) character, which may be an indirect consequence of a political upheaval, that the addresses of legal norms may have justified concerns about their legal safety.

The International Legal Personality of the Individual

2018 ◽  
Author(s):  
Astrid Kjeldgaard-Pedersen
Keyword(s):  
International Law ◽  
Legal Rights ◽  
Legal Personality ◽  
Legal Norms ◽  
State Of Affairs ◽  
The Individual ◽  
International Legal Personality ◽  
The Relationship ◽  
Second World

This book scrutinizes the relationship between the concept of international legal personality as a theoretical construct and the position of the individual as a matter of positive international law. By testing four main theoretical conceptions of international legal personality against historical and existing international legal norms that govern individuals, the book argues that the common narrative about the development of the role of the individual in international law is flawed. Contrary to conventional wisdom, international law did not apply to States alone until the Second World War, only to transform during the second half of the twentieth century to include individuals as its subjects. Rather, the answer to the question of individual rights and obligations under international law is—and always was—solely contingent upon the interpretation of international legal norms. It follows, of course, that the entities governed by a particular norm tell us nothing about the legal system to which that norm belongs. Instead, the distinction between international and national legal norms turns exclusively on the nature of their respective sources. Against the background of these insights, the book shows how present-day international lawyers continue to allow an idea, which was never more than a scholarly invention of the nineteenth century, to influence the interpretation and application of contemporary international law. This state of affairs has significant real-world ramifications as international legal rights and obligations of individuals (and other non-State entities) are frequently applied more restrictively than interpretation without presumptions regarding ‘personality’ would merit.

The unheard voice and the unseen shadow

2018 ◽  
Author(s):  
Jeremy Cox
Keyword(s):  
Later Life ◽  
Federico Garcia Lorca ◽  
Francis Poulenc ◽  
Intensive Phase ◽  
Internal Conflicts ◽  
Violin Sonata ◽  
Guillaume Apollinaire ◽  
Natural Tendency ◽  
The Individual ◽  
The Relationship

The French composer Francis Poulenc had a profound admiration and empathy for the writings of the Spanish poet Federico García Lorca. That empathy was rooted in shared aspects of the artistic temperament of the two figures but was also undoubtedly reinforced by Poulenc’s fellow-feeling on a human level. As someone who wrestled with his own homosexuality and who kept his orientation and his relationships apart from his public persona, Poulenc would have felt an instinctive affinity for a figure who endured similar internal conflicts but who, especially in his later life and poetry, was more open about his sexuality. Lorca paid a heavy price for this refusal to dissimulate; his arrest in August 1936 and his assassination the following day, probably by Nationalist militia, was accompanied by taunts from his killers about his sexuality. Everything about the Spanish poet’s life, his artistic affinities, his personal predilections and even the relationship between these and his death made him someone to whom Poulenc would be naturally drawn and whose untimely demise he would feel keenly and might wish to commemorate musically. Starting with the death of both his parents while he was still in his teens, reinforced by the sudden loss in 1930 of an especially close friend, confidante and kindred spirit, and continuing throughout the remainder of his life with the periodic loss of close friends, companions and fellow-artists, Poulenc’s life was marked by a succession of bereavements. Significantly, many of the dedications that head up his compositions are ‘to the memory of’ the individual named. As Poulenc grew older, and the list of those whom he had outlived lengthened inexorably, his natural tendency towards the nostalgic and the elegiac fused with a growing sense of what might be termed a ‘survivor’s anguish’, part of which he sublimated into his musical works. It should therefore come as no surprise that, during the 1940s, and in fulfilment of a desire that he had felt since the poet’s death, he should turn to Lorca for inspiration and, in the process, attempt his own act of homage in two separate works: the Violin Sonata and the ‘Trois Chansons de Federico García Lorca’. This exposition attempts to unfold aspects of the two men’s aesthetic pre-occupations and to show how the parallels uncovered cast reciprocal light upon their respective approaches to the creative process. It also examines the network of enfolded associations, musical and autobiographical, which link Poulenc’s two compositions commemorating Lorca, not only to one another but also to a wider circle of the composer’s works, especially his cycle setting poems of Guillaume Apollinaire: ‘Calligrammes’. Composed a year after the ‘Trois Chansons de Federico García Lorca’, this intricately wrought collection of seven mélodies, which Poulenc saw as the culmination of an intensive phase in his activity in this genre, revisits some of ‘unheard voices’ and ‘unseen shadows’ enfolded in its predecessor. It may be viewed, in part, as an attempt to bring to fuller resolution the veiled but keenly-felt anguish invoked by these paradoxical properties.

Związek publicznej obecności Kościoła w Polsce z preferencjami wyborczymi elektoratu w 2011 roku

1970 ◽  
Vol 23 (301) ◽  
pp. 72-92
Author(s):  
Karolina Dłuska
Keyword(s):  
Public Space ◽  
Catholic Church ◽  
Public Television ◽  
The Public ◽  
The Subject ◽  
The Individual ◽  
The Military ◽  
Religious Nature ◽  
The Relationship ◽  
The Catholic Church

The author of the article tries to indicate the relationship between the perceived presence of the Catholic Church in public life and the election preferences of Poles. The subject of the research here is the parliamentary elections in Poland in 2011 in the context of the perception by the electorate of the individual parties of the public presence of the Catholic Church in the selected aspects. Among them, the author points to: the issue of crosses and other religious symbols in public space, including the issue of a cross in the Sejm meeting room. She also recalls such matters as: religion lessons in schools, the religious nature of the military oath, priests appearing on public television, the Church taking a stand on laws passed by the Sejm and priests telling people how to vote in elections. The presented analysis is based on the results of the Polish General Election Study 2011.

scholarly journals The specifics of interpretation of the history in the story by A. Doronin «A Wolf Ravine»

2021 ◽  
Vol 11 (1) ◽  
pp. 139-147
Author(s):  
S. V. Sheyanova ◽  
◽  
N. M. Yusupova ◽  
Keyword(s):  
Literary Criticism ◽  
Historical Narrative ◽  
Volga Region ◽  
Psychological States ◽  
The Real ◽  
The Subject ◽  
The Individual ◽  
Relationship Of ◽  
First Time ◽  
The Relationship

Introduction: at present the reader’s audience is particularly interested in creative experiments in which the historical fate of the Russian peasantry in the «turning» eras is artistically comprehended. The article is devoted to the study of the problem-thematic range of modern Mordovian historical prose. The subject of analysis is the peculiarity of the reception of the period of collectivization and dekulakization in the story by Erzyan prose writer A. Doronin «A Wolf Ravine». Objective: to reveal the features of the artistic reconstruction of the events of the 1930s, the modeling of the relationship between a man and society in the story by A. Doronin «A Wolf Ravine».Research materials: the story by A. Doronin «A Wolf Ravine». Results and novelty of the research: the historical story « A Wolf Ravine » for the first time becomes the object of scientific understanding and is introduced into the context of Finno-Ugric literary criticism. A. Doronin artistically interprets the real events and circumstances of the resettlement of dispossessed peasants of the Volga region to the uninhabited steppes of Kazakhstan. As a result of the study, we conclude that the actualization of this problem-thematic cluster is due to the creative concept of the historical writer; the individual author’s approach to the reconstruction of historical narrative can be traced in the writer’s desire to realistically reveal the relationship of personality and society in the tragic 1930s; to analyze intentions of people and of the psychological states of the characters. Problems of a sociopolitical nature, actualized in the story, are filled with philosophical, axiological content, and lead to a multi-faceted understanding of the «man and history» problem.

scholarly journals La cuentística erótica de Jaramillo Levi a través de sus máquinas deseantes

LETRAS ◽  
2011 ◽  
pp. 147-161
Author(s):  
Fátima R. Nogueira
Keyword(s):  
Short Stories ◽  
Human Body ◽  
Driving Forces ◽  
The Other ◽  
Death Instinct ◽  
Deleuze And Guattari ◽  
Sexual Drive ◽  
The Subject ◽  
The Individual ◽  
The Relationship

Se estudia la narrativa de Jaramillo Levi centrada en la relación entre el erotismo y la muerte, desde el intercambio de dos fuerzas que actúan en la producción del deseo: una, de naturaleza libidinosa e inconsciente, la otra de filiación social. Estos relatos exploran el vínculo entre las pulsiones sexuales y el instinto de la muerte revelando el exceso y la violencia ocultos en el erotismo; además, plasman la magnitud del deseo que al exceder los límites del cuerpo y del individuo deviene una experiencia de la sexualidad inhumana reafirmada sólo por un campo saturado de intensidades y vibraciones. Partiendo de la teoría lacaniana del deseo, y de conceptos de Deleuze y Guattari, en los relatos tal encuentro de fuerzas objetiviza el sujeto y cuestiona la noción antropomórfica de sexualidad. This study deals with Jaramillo Levi’s short stories centered on the relationship between eroticism and death, examining the exchange of two driving forces which create desire. The nature of one of these forces is unconscious and libidinous while the other is social. These stories explore the link between sexual drive and the death instinct, disclosing overindulgence and violence hidden behind eroticism. In addition, they depict the magnitude of desire, which upon exceeding the boundaries of the human body and the individual, becomes an experience of inhuman sexuality that can reaffirm itself only in a field permeated with intensity and vibrations. Considering Lacan’s theory of desire and other concepts from Deleuze and Guattari, the exchange of forces in these stories objectifies the subject and questions the anthropomorphic notion of sexuality.

GENRE OF IN MODERN TATAR LITERATURE: FEATURES OF FUNCTIONING (BASED ON THE MATERIAL OF R. GABDULKHAKOVA'S "SMALL" PROSE)

2021 ◽  
pp. 83-90
Author(s):  
В.Р. Аминева
Keyword(s):  
Space Time ◽  
Moral Truth ◽  
First Person ◽  
The Third ◽  
Third Person ◽  
The Subject ◽  
Lyrical Subject ◽  
The Individual ◽  
The Relationship ◽  
The Third Person

На материале произведений современной татарской писательницы Р. Габдулхаковой выявляются конститутивные черты жанра парча в современной татарской литературе. Охарактеризованы жанровые разновидности парчи в творчестве Р. Габдулхаковой, которые соответствуют двум направлениям сюжетного движения: от внешнего к внутреннему или от единичного к универсальному и двум типам повествования - от 1-го или от 3-го лица. Художественное завершение в парчах первого типа определяется постижением некой нравственной истины, вытекающей из лично пережитой лирическим субъектом ситуации, в парчах второго типа оно создается переходом от отдельных явлений к их суммирующему итогу. Сделан вывод о том, что внутреннюю меру жанра определяет характер соотношения повествовательной фабулы и обобщающей ее «концовки». Описаны свойственные этому жанру пространственно-временные отношения и принципы организации субъектной сферы. Структурообразующая роль в парчах Р. Габдулхаковой отводится субъективно-лирическому началу в повествовании. В произведениях писательницы проявились как особенности ее творческой индивидуальности, так и типологические черты женской прозы в целом с ее повышенной эмоциональностью, автобиографичностью и проникновенностью. Большинство миниатюр Р. Габдулхаковой написаны от первого лица и представляют сознание женщины, сосредоточенной на переживании своего одиночества и «холода жизни», безответной любви и позднего раскаяния, боли утраты, преследующей каждого человека после ухода матери. Парчи, написанные от третьего лица, раскрывают сознание человека, знающего о существовании объективных закономерностей и пытающегося найти личный выход из безнадежных ситуаций. В творчестве Р. Габдулхаковой парча функционирует как синтетический жанр, вбирающий в себя элементы других жанровых форм. On the material of works of the modern Tatar writer R. Gabdulhakova the constitutive features of the genre of the parcha are revealed. Genre varieties of parcha in the work of R. Gabdulkhakova are characterized, which correspond to two directions of plot movement: from the external to the internal or from the individual to the universal, and two types of narrative-from 1 or 3 persons. Artistic completion in the parcha of the first type is determined by the realization of a certain moral truth arising from the situation personally experienced by the lyrical subject, in the parcha of the second type it is created by the transition from individual phenomena to their summing result. It is concluded that the internal measure of the genre determines the nature of the relationship between the narrative plot and its generalizing "ending". Space-time relations and principles of organization of the subject sphere peculiar to this genre are described. The structure-forming role in the parcha of R. Gabdulkhakova is assigned to the subjective-lyrical beginning in the narrative. The works of the writer manifested both the features of her creative individuality and the typological features of female prose in general with its increased emotionality, autobiography and penetration. Most of R. Gabdulhakova’s miniatures are written in the first person and represent the consciousness of a woman focused on experiencing her loneliness and “cold life”, unrequited love and late repentance, the pain of loss that haunts every person after leaving her mother. Рarcha written in the third person reveal the consciousness of a person who knows about the existence of objective laws and tries to find a personal way out of hopeless situations. Allegorical or symbolic imagery at the same time turns a personal scenario - into a typical, universal human one. In the work of R. Gabdulhakova parcha functions as a synthetic genre, incorporating elements of other genre forms.

Folk and author’s fairy tales in the aspect of linguistic consciousness

Neophilology ◽  
2020 ◽  
pp. 235-249
Author(s):  
Anatoliy L. Sharandin ◽  
Yixin Li
Keyword(s):  
Fairy Tales ◽  
Fairy Tale ◽  
Literary Language ◽  
Creative Potential ◽  
Folk Tales ◽  
The Subject ◽  
The Individual ◽  
The Relationship ◽  
Folk Poetry ◽  
Individual Style

The analysis of the problem of the relationship among folk, authors’ folk and authors’ literary tales with linguistic consciousness types is presented. The analysis results indicate that the texts of fairy tales are linguistic representatives of creative (artistic) consciousness and correlate with types of concepts. Folk tales reflect the creative potential of everyday consciousness and represent the folklore concept. Authors’ folk tales are interpretative tales that reflect the syncretic (collective and individual, folk and author’s) consciousness and implement the folklore and literary concept. The literary fairy tale itself is a textual representative of its author’s individual artistic consciousness and the reached artistic concept. It is important to take the form of fairy tales’ household into account – oral (folk tales) and written (author’s literary tales), their relationship with the subject (storyteller or author) and focus on the object (listener or reader). This determines the variability and non-variability of fairy tales. Types of linguistic consciousness are associated with the language: in folklore tales, folk language that is not processed by masters is used, in author’s tales, literary language that implements an individually authors’ system of language means is used. In folk tales, traditional folk poetry is presented, in author’s tales – traditionally artistic and artistic poetics. The individual style of folk tales is traditional for folklore and the individual style of literary tales is individually authors’.

«Quanta» Language Consciousness and Problems in the Functioning of the Communicative Norms

2019 ◽  
Vol 8 (1) ◽  
pp. 26-30
Author(s):  
Татьяна Черкашина ◽  
Tatiana Cherkashina ◽  
Н. Новикова ◽  
N. Novikova ◽  
О. Трубина ◽  
...  
Keyword(s):  
Cognitive Abilities ◽  
Point Of View ◽  
Cultural Phenomenon ◽  
Globalizing World ◽  
The World ◽  
The Subject ◽  
The Individual ◽  
The Impact ◽  
The Relationship

The article considers the conceptualization of the world from the point of view of its methodological paradigm assessment in the context of the globalizing world. A retrospective analysis of the relationship between language and human speech activity is given. The authors explain the role of language as a socio-cultural phenomenon in the formation of worldview systems that develop in the consciousness with the help of minimal units of human experience in their ideal meaningful representation in special concepts, which allows the individual to think within the boundaries of a certain linguistic picture of the world. Analyzes the problems of the functioning of communicative norms with regard to the hierarchy of the spiritual representations of the world. The article attempts to consider the impact of the “blurring” of the information boundaries of the globalizing world on the cognitive abilities of the individual in the nomination, qualification of the subject, phenomenon, process.

scholarly journals Współczesne reminiscencje absolutystycznego modelu policji administracyjnej

2016 ◽  
Vol 106 ◽  
pp. 95-105
Author(s):  
Witold Małecki
Keyword(s):  
Public Administration ◽  
Public Authority ◽  
Legal Norms ◽  
General Competence ◽  
The Subject ◽  
The Individual ◽  
Police Activity

CONTEMPORARY REMINISCENCES OF THE ABSOLUTIST MODEL OF ADMINISTRATIVE POLICE The absolutist model of administrative police, perceived as a sphere of the activity of public authority, is based on two pillars. The material pillar concerns the purpose of police activity, which is to achieve overall prosperity including the prosperity individuals, in the shape specified by the monarch. The formal pillar concentrates on ius politiae — the general authorization of the monarch to perform each forcible interference in the sphere of the rights of the subject, intended to achieve overall and individual prosperity. Contemporary institution of forced evacuation corresponds to the material pillar of the absolutist model of administrative police, as it allows public authority to evacuate an individual in case of threat for their life, even despite the opposition of the individual. The institution of order regulations seems to be a contemporary reminiscence of ius politiae. In the form of order regulations the organs of public administration, using a general competence, are entitled to establish legal norms, the content of which is not specified in the statute.

Artificial Intelligence and Natural Law: а Challenge to Be Overcome

2021 ◽  
pp. 154
Author(s):  
GERARDO JAVIER ULLOA BELLORIN
Keyword(s):  
Artificial Intelligence ◽  
Computer Science ◽  
Natural Law ◽  
Legal Status ◽  
Personal Data ◽  
Business Community ◽  
Special Technique ◽  
Critical Function ◽  
The Subject ◽  
Legal Security

Since the last century, computer science has not stopped growing, innovating and producing changes in society. Facing these changes, the legislator is called to create certain rules that can accompany computer science and, especially, artificial intelligence (AI) in its constant development, providing legal security to users, to the scientific and business community and, in general, to the whole society. The problem posed by artificial intelligence focuses on the fact that law will have to create institutions in order to regulate the “behavior” of these computer systems, which today have wide autonomy. Law, conceived to regulate the behavior of the human being, needs to make substantial changes in its interior. This study aims to analyze this situation in the light of the theories that consider natural law as the foundation of law. For this purpose, in a first phase, artificial intelligence, its definition and characteristics were analyzed, as well as the legal areas where there is concern about the changes originated from the introduction of the AI. Then, general considerations about natural law, its definition, functions and importance are presented. Finally, observations were made about the advisability of considering natural law theories, in the search for solutions to questions presented in the legal field by the evolution of AI in society. This study is documentary-type, based on the consultation and consideration of different specialized texts on the subject. The special technique of direct observation was used to describe and analyze homogeneous characteristics of the phenomena studied, so it is classified as a descriptive study. The study of AI allows us to observe the benefits it has given to society areas such as medicine, entertainment, public administration and even in the practice of law through systems that allow helping lawyers. Some of the problems analyzed are those related to civil liability, personal data protection, algorithm contracts and transhumanism. Some emblematic cases regarding the use of AI are presented, as the case of the citizenship granting to a robot endowed with AI, the consideration of the copyright of a work created through AI in China and the discovery of powerful drugs. It was also possible to determine that the legal problem of AI is in the degree of autonomy that these systems possess. The analysis of natural law allowed us to observe its influence on the creation of the current conception of law and its formative and critical function. The doctrine, in the search for a solution to this problem, has proposed to use a dogmatic consistent with the theories that support contemporary law, without resortingto unsustainable fictions. The proposal of a new legal status for autonomous artificial intelligence systems seems to be a viable solution. Theories of natural law could be useful to guide the formulation of legal precepts applicable to the subject of artificial intelligence; in addition, to provide deep and effective criticisms of the proposed solutions. These new rules must present a solution within the values and principles of the legal system, which respects its unity and maintains the main value of the person.

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