Scholarly Approaches Research Articles

The Concept and Characteristics of a Defect of Discretion in Law

The article touches upon the problems associated with defects in law related to discretion. An attempt is made to analyze the approaches of legal scholars to the concepts of “defect of law”, as well as related concepts of “defect of a normative legal act”, “defect of legislation”, “error in law”. Attention is focused on the relationship between the concept of “defect in law” and “quality of law”. In relation to individual branch legal sciences, studies of individual defects have been conducted, however, a unified approach to understanding the essence of the relevant legal phenomenon has not been formed. When analyzing the approaches of various researchers to the essence of the defect in law, it should be noted that the authors point to a violation of the requirements related to the quality of the regulatory legal act. A scientific analysis is carried out of the fact that a law enforcement decision based on various legal defects is associated with discretion. The origins of the concept of “defect in law” are considered, since for the first time it began to be used in industry legal sciences. The point of view on the allocation of an expansive and restrictive understanding of the “defect in law” in scientific circulation is interesting. In the first case, we are talking about the state of legal norms, when the regulation of public relations leads to a violation of the optimal balance of the interests of the state, society and the individual. In the second case, we mean legal regulation, the quality level of which is low, and in this regard, infringement of interests occurs. The article presents the Author's definition of “the defect of discretion in law”, as well as the signs of this concept. The criteria of imperfection, according to the Author, should include gaps in law, conflicts of legal norms, uncertainty of legal regulation, violations of the requirements of legal technology in the construction of texts of normative acts, irrational placement of norms in the legal system, excessive duplication of rules of conduct in acts of different legal force, excessive legal regulation. The signs of the sought concept also include: finding a defect of discretion in the law in a specific substantive element of a legal act, as well as the social harmfulness of the defect affecting discretion in the application of law.

Rape-By-Deception in China: A Messy But Pragmatically Desirable Criminal Law

China’s Criminal Law defines rape to include circumstances where a perpetrator “by violence, coercion, or any other means rapes a woman.” We critically investigate whether and how this provision is applicable to the use of deception to obtain sexual intercourse, and make three contributions. First, through a quantitative and qualitative analysis of contemporaneous scholarly commentary and a systematic survey of court judgments from 2015 to 2020, we demonstrate that religious fraudulent sex, medical fraudulent sex, and impersonation of intimate partners are punished as rape in China. Second, we argue that the current Chinese law is normatively desirable vis-à-vis the general consensus among scholarly commentary and legal practices elsewhere. Third, we highlight the unique starting point of Chinese sexual offenses provisions as compared to both common law and civil law jurisdictions, and explain how this “blank slate” contributed to a legal evolution process that prioritizes attaining desired legal outcomes at the expense of neat, coherent principles. More broadly, our case study of China challenges the prevailing assumption in English-language literature that civil law jurisdictions are less receptive towards fraudulent sex criminalization. It also cautions against the practice of reviewing statutory provisions in isolation when determining the substantive law of civil law jurisdictions.

The Anthology of Old Belarusian Literature, Edited by Halina Tvaranovich, in the Context of the Problem of the Belarusian Literary Canon

The anthology Starabelaruskaâ lìtaratura XI–XVIII stagoddzâŭ (Bialystok 2004), edited by Halina Tvaranovich, is reviewed in the context of the literary canon and literary historiography (Literaturgeschichtsschreibung). The article presents a brief overview of the history of the arrangement of collections of texts of ancient Belarusian literature, beginning with the edition of Bronislav Epimach-Szypillo’s Belaruskaâ hrèstamatyâ. Separate considerations are devoted to the chrestomathy edited by Alexander Korshunov (1959), which was a landmark textbook that was simultaneously important for Belarusian historical-literary research and Belarusian literature didactics. The concept of the Bialystok textbook is compared with the scholarly approaches of Belarusian literary historians of the previous period, starting with Maksim Harecki. The innovativeness of Halina Twaranovich’s approaches in arranging the chrestomathy was emphasized, as well as the possibility of linking her scientific ideas with the theory of cultural memory, with Pierre Nora’s concept of “place of memory” in particular. The degree of correlation of the materials of this chrestomathy with the concepts of multilingualism (Adam Maldzis) and heterogeneity (Sergey Kovalev) of ancient writing, belonging to the Belarusian cultural space, was examined. The defining feature of Belarusian chrestomathy is considered to be its Belaruso-centricity, its focus on the anthropological dimension in literature, and its striving to maximally reveal the peculiarities of book culture in the Belarusian lands. The editor demonstrates a hermeneutic focus on the openness of literary narrative, offering not only literal translations of the original text but also creative translational adaptations.

For the Moment, I Am Not Scrolling

Andrew Culp and Cultural Studies Association’s New Media and Digital Cultures Working Group Co-Chair Claudia Skinner take a look into Adi Kuntsman and Esperanza Miyake’s new book Paradoxes of Digital Disengagement: In Search of the Opt-Out Button, published by University of Westminster Press (2022). This podcast is accompanied by a scholarly commentary by Tero Karppi.

Research Issues and Methodological Profiles of Academic Works Pertaining to Physical Activity and Tourism Management in Mountain Areas (An Analysis of Research Papers Published in the Journal “Folia Turistica” in the Years 1990-2020)

Abstract Introduction. The paper aims to analyse publications on physical activity and tourism management in mountain areas which appeared in the over 30-year period of publishing the journal “Folia Turistica” (FT). Material and methods. The research consisted of four stages: preliminary analysis of titles and abstracts of research papers published in FT in the years 1990-2020, a detailed analysis of the content of research papers pertaining to mountain issues, collecting and processing the data necessary to prepare methodological profiles of research papers using the OMPN©, analysis and discussion of the results obtained. Results. Among the 75 scientific articles qualified for the study, works in the field of social sciences, as well as in the field of natural sciences and humanities prevailed. Four leading thematic areas can be distinguished: physical or tourist activity, resource management and governance, nature and protected areas, tourist and recreational infrastructure. The share of papers on historical issues, law and security issues, and education and leadership was clearly smaller. Research and the resulting scientific articles were more often interdisciplinary (rather than monodisciplinary), the positivist approach prevailed (rather than interpretative), empirical research was undertaken more often (rather than theoretical studies), while scientific reasoning and inferences were much more often based on induction (not deduction). Conclusions. The research shows that articles on physical/tourism activity in mountain regions published in FT were highly diverse in their methodological approaches, and in many works there is a scholarly approach known as triangulation, which involves joining various approaches and research methods and drawing conclusions based on various kinds of data. This situation, together with the relatively low-level development of tourism research compared to other more advanced fields and disciplines, does not facilitate our task of evaluating the various articles and their significance in attaining valuable knowledge.

A History of Research on the Aramaic Dead Sea Scrolls

The Aramaic Dead Sea Scrolls have attracted increasing scholarly attention since their official publication was completed in 2009. These manuscripts, representing about thirty distinct compositions, attest to the existence of a previously unknown Jewish Aramaic scribal culture that flourished in the early Hellenistic period (ca. late fourth to mid-second centuries BCE). The Aramaic Scrolls thus have the potential to illuminate an otherwise poorly understood period of Jewish history. In this article, I discuss the various scholarly approaches to their language, literary content, and social location, with a special emphasis on trends in the secondary literature since the late 2000s. This article will also provide interested students and scholars with an overview of the major themes and concerns found throughout the Aramaic Scrolls.

Archipelagic Translation: Mobility amid Every Language in the World

This article proposes a three-way reinflection among the categories of mobility, archipelagic thought, and translation. It draws on the work of several island-oriented thinkers, including Alice Te Punga Somerville, Édouard Glissant, and Craig Santos Perez. Via Te Punga Somerville, I develop a conceptualization of archipelagic translation that is decolonizing, decontinentalizing, and reliant on interisland waters as places of being and meaning. Subsequently, via Glissant’s emphasis on translation as a crucial form of archipelagic thinking, I emphasize a translation less of betweenness (from one language to another) and more of amidness (a translation in the presence of every language of the world). Finally, and by recourse to Perez’s from unincorporated territory poetry series, I elaborate on a view of archipelagic translation as a renaming of the world in which translational equivalents break down and translation happens amid the push and pull of materiality and metaphoricity. Thus, Perez’s work offers both a conceptual template for and an example of archipelagic translation. As I navigate through the work of these three thinkers, the article’s three major preoccupations—mobility, archipelagic thinking, and translation—exist in a constant, reinflecting, and reconstituting dynamic in relation to one another. In the conclusion, I turn toward the potential for the mobilities of archipelagic translation to reroute recent work in Transnational American Studies that takes up questions of language, multilingualism, and translation. Further, the conclusion looks toward the archipelagic’s sense of amidness as key to a planetary restructuring of scholarly approaches to mobility, archipelagic spaces, and translation.

STATISTICAL SECURITY OF ECONOMIC MANAGEMENT

Modern integrated economic statistics is a set of economic and statistical data that reflect a consistent and holistic picture of economic activity for political, commercial and other analytical purposes. In analyzing the historical aspect of the emergence and development of statistical practice, we have shown that its origin occurred around the time when the state emerged. There is information about the elementary recount (census) of population and land, which was conducted several millennia ago. With the formation of a centralized state and especially with its development, the scope of statistics has expanded significantly. It is established that the statistical support of effective development of enterprises of Ukraine in the scale of a particular industry can be realized according to official statistics, namely: statistical observations of the volume of sold industrial products and operating costs of sold products. It is emphasized that today the volume and structure of data presented on the official website of statistics of Ukraine, is considered insufficient for full information support of management processes of industrial enterprises. The approaches of scholars to the interpretation of the role of statistical methods of analysis for successful economic management are considered. The basic mathematical and statistical methods are listed and their short characteristic is given. It is established that the profitability indicator is chosen as a general indicator of efficiency and technological level of enterprises of the studied industries. Construction of the economic and mathematical model of profitability of products of separate industries made it possible to reveal production reserves to increase the efficiency of the enterprises. For mechanical engineering it means reducing the capital intensity of products used funds (depreciation). For metallurgy it means a reduction in material and labor intensity of products. For the production of chemical products it is reducing material consumption. When choosing statistical methods for studying socio-economic phenomena, it is necessary to take into account their interconnectedness and interdependence. Based on the results, the priority for the development of management decisions for the effective development of processing enterprises should be to increase the degree of processing of raw materials (to increase the technological level of production), increase productivity of fixed assets and increase final consumption.

Simbolismul solstițiului de vară. Lecturi comparative, Iosefina Blazsani-Batto

In the book Symbolism of the Summer Solstice: Comparative Readings, Iosefina Blazsani-Batto approaches, through a comparative perspective, a theme with wide resonances in Romanian folkloric mythology, but also in the universal one, taken up by many historians of religions, exegetes and, last but not least, writers. The wide area of research reflects the author's desire to document as well as possible the scholarly approach to the theme and to give secondary importance to field sources, as well as to imaginative elaborations of them. The research, especially through its various hermeneutic possibilities, is a meritorious achievement which, complemented by the author's constant preoccupation with this field, offers a textually illustrated field of analysis of the subject, both in terms of theory (ethnography) and folklore and literature.

Microfoundations of dynamic capabilities: a systematic review and a multilevel framework

PurposeMicrofoundations have become an effective approach for capability scholars to explore the heterogeneity of organizational results. Since the early pioneering work of scholars such as Felin and Foss, the microfoundations of strategic organization had not been extensively studied until 2010. The theoretical and empirical literature associated with the microfoundations of dynamic capabilities has developed rapidly. However, the diversity and fragmentation of micro-elements lead to a lack of a relatively consistent understanding of microfoundations, the study purpose is to aggregate the associated scattered terminology into a cohesive discussion.Design/methodology/approachA systematic literature review was conducted on research papers published between 2000 and 2022 using a hybrid methodology that included bibliometric and content analysis.FindingsThe authors suggest that this line of research can be divided into three stages. The study further develop a framework delineating the main components and mechanism involved in the microfoundations of dynamic capabilities, which in turn help us distill research gaps and opportunities for future work.Originality/valueThe authors construct a framework that can serve as a coherent research platform for further knowledge development. In the framework, the authors highlight that the research of group constructs, culture and leadership, data-driven topics are valuable for our understanding of the microfoundations of dynamics capabilities.

Critical Reassessments: “My Heart Laid Bare”: A Deep Rereading of Daniel Hoffman’s Poe Poe Poe Poe Poe Poe Poe

Critical Reassessments: “My Heart Laid Bare”: A Deep Rereading of Daniel Hoffman’s <i>Poe Poe Poe Poe Poe Poe Poe</i>

SAYYID RADHI AL-DIN AL-SHIRAZI AND HIS APPROACH TO INTERPRETATION

The study of the life of any prominent science and its method, whatever its direction, requires taking note of all aspects of its life, so that the stages of his life will be read with monitoring and examination of the material collected about him, so that the researcher can know everything that affected the formation of his scientific identity and its influence and so on. For this reason, I have been working on books and references by searching and excavating everything related to the personality of the author to Ali Azfar what clarifies his identity and clarifies aspects of his personality, but after a long search, excavation and question for the people of Science and knowledge of translations and dates and review of all that occurred in the hands of references that took care of the study of the century in which the author lived, and after tracking and extrapolating them calculate the energy and the possibility it became clear to me that the personality of the author has been surrounded by great ambiguity, as I did not win only a very brief speech. And the research in m approach of scholars in the interpretation of interesting, but very long, so I tried to limit myself to the first of the author's life and the second methodology in a simplified manner, which I think is more important than others, which is related to - in how to deduce, analyze and direct the Qur'anic text from several aspects.

VANITY FAIRIN RUSSIAN: TO THE 175 TH ANNIVERSARY OF THE FIRST PUBLICATION

The article examines four Russian translations of Thackeray’s Vanity Fair: the early translation by Irinarkh Vvedenskii; the translations made by V. Stein and L. Gay at the turn of the century, and the translation by Mikhail Dyakonov published in 1933-1934. The latter, canonical for Russian culture, was published with a commentary by Gustav Speth in the Academiapublishing house. Different translation strategies are discussed: first, Vvedenskii’s strategy of coauthorship with the translated author, which is sometimes at odds with the intonation of the original. Secondly, Shtein’s and Gay’s aspiration to translate an acknowledged classic ‘word for word’, resulting in obscure expressions and syntactic structures. And finally, Dyakonov’s foreignizing, philologically accurate approach. As can be seen on the material of Dyakonov’s letters to the proofreaders of Academia, syntactically and phonetically foreignizing translation is his conscious strategy. It is noted that the corrections made by the editors M. Lorie and R. Galperina in 1953 and 1968 are mostly insignificant: they incorporate stylistic equivalents, strive for syntactic simplicity and remove ambiguity of certain expressions; besides, Lorie translates charactonyms in a later edition. The article also focuses on Shpet’s scholarly commentary, which has not been republished since his arrest in 1937. Unlike footnotes in later editions, Speth’s commentary primarily clarifies the function of a particular detail. The analysis demonstrates that Dyakonov’s translation method and Speth’s approach to the commentary require intellectual effort from the reader and are aimed at a deep understanding of English culture.

Comparative analysis of the concept of «organizational and economic mechanism» in the modern scientific space

The article presents the comparative analysis of the concept of organizational mechanism by foreign and domestic scholars in the field of management, economics and organizational studies. The article summarizes the main theoretical views, models and empirical findings on this topic based on a wide range of scientific sources, including books, professional articles, monographs, conference papers. The article highlights the similarities and differences in the approaches of different scholars to this topic, as well as identifies the key debates and controversies around the definition, scope and functions of the organizational mechanism. The article highlights common themes and trends in the study of organizational mechanism, compares and contrasts the perspectives of domestic and foreign scientists on the subject. There are different interpretations and definitions of this concept, but a common thread is that it refers to the various elements and processes that an organization uses to coordinate and regulate its internal operations, resources, and behavior of its members. The organizational mechanism is becoming an increasingly important concept in the modern scientific space, as the complexity of the research process increases and the scope of research topics expands, coordination and cooperation between researchers is necessary for the efficient use of resources and achievement of the desired results. The importance of having a well-designed and well-implemented organizational mechanism to ensure the economic success and economic sustainability of the organization is emphasized. Overall, the concept of organizational mechanism continues to be a relevant and dynamic area of study, with ongoing discussions and debates about its nature, role, and impact on organizational behavior and performance. The article is a valuable resource for scholars, researchers, managers, practitioners seeking to deepen their understanding of this important concept and will contribute to the further development of research on this concept in the domestic scientific space.

Expanded narratives of gentrification: Mobility, infrastructure and urban change in 1970s London literature

This article revisits Ruth Glass’s essay ‘Aspects of change’ (1964), in which the urban sociologist reputedly coins the term gentrification. Whereas other readers are content merely to quote Glass’s description of gentrification, I consider how she situates the phenomenon within a broader complex of urban change. Doing so, I suggest, provides a useful optic for considering later literary engagements with gentrification in London. I examine two fictional texts – Sylvia Townsend Warner’s The Innocent and the Guilty (1971) and Maureen Duffy’s Capital (1975) – and argue that they follow Glass by providing ‘expanded narratives’ of gentrification. This narrative mode is distinctive for the way that it frames highly visible and seemingly localized phenomena, such as gentrification, within broader cultural, geographical and historical contexts, in order to ask larger questions about the nature of urbanity. A concern with mobility and infrastructure defines these expanded narratives, which illuminate how these aspects of the city shape perceptions of urban change. I conclude by outlining how expanded narratives might also provide the basis for a useful reading strategy which contrasts with the extractive procedures that characterize readings of Glass and certain scholarly approaches to urban literature.

The Dragon Daughter and Other Lin Lan Fairy Tales

The Dragon Daughter and Other Lin Lan Fairy Tales

Conquest to Conversion

North Africa (west of Egypt) is a compelling locale to explore how and when a Muslim minority became the Muslim majority. Previous scholarly approaches to medieval religious change rely almost exclusively on much later written sources, and as a result, little is understood about the religious landscape in which believers operated in. This article examines critically the material evidence for mosque construction and church abandonment and proposes certain tipping points in the process by which Islam become the dominant religion. While mosque construction reveals more about state and elite religious investment than the believers who may have used them, other forms of evidence, including funerary evidence, dietary practices and inscribed material culture, occasionally give us an intimate glimpse into the practices of simple believers. The evidence shows that the chronology of religious change differs between those regions under Byzantine rule (eastern Algeria, Tunisia, coastal Libya), and those ruled by Berber chiefdoms in late antiquity. Much of the latter converted in the 8th century, whereas the late 9th century marks the mass conversion of town dwellers from the Byzantine core and a first period of crisis for Christianity. This early conversion was an important factor in the collapse of the caliphate in North Africa and the emergence of successor states that used Islam as the main idiom through which to establish and legitimize their right to rule.

Ways of implementation of international electoral standards in the national legislation of Ukraine

The article is devoted to the study of the problems of implementation and ways of implementation of international electoral standards in the national electoral legislation of Ukraine. The work provides a critical review of scientific approaches of domestic and foreign scholars to understanding the legal nature of the implementation of international acts. The author concludes that the implementation of international acts is a state-building/law-making process of individual countries, which includes the recognition by the state of international legal norms and their implementation in national legislation and in practice with a view to comprehensive, timely and full implementation of the obligations assumed by the state under international law.&#x0D; The article analyzes the existing positions of legal scholars on the ways of implementing international legal standards in legal science and, on this basis, identifies and characterizes the ways of implementing international electoral standards in the national legislation of Ukraine. The main such ways are, firstly, reception, when there is a textual repetition of the content of the act/norm adopted by the international community in the national legislation of the respective state without their changes. That is, it is the actual repetition of the content of international law by the relevant acts of national law. Secondly, transformation, which is a method of implementation associated with the revision of the text of an international legal act in accordance with the principles of the national legal system and the adoption of domestic law on this basis. This makes it possible to implement the norms of international law with their maximum compliance with the domestic principles of rule-making technique. Its separate form is a reference, when a norm is created that refers to international acts, traditions of international law. Thanks to this form, the State authorizes the direct application of international law in domestic legal relations. It is determined that these ways of implementing international electoral standards in the national electoral legislation were especially evident in the adoption of the Electoral Code of Ukraine.

The stories behind stories: Reflections on the role of voice in research with unaccompanied refugee youth

The stories behind stories: Reflections on the role of voice in research with unaccompanied refugee youth

Hollywood Screwball Comedy, 1934–1945: Sex, Love, and Democratic Ideals

Hollywood Screwball Comedy, 1934–1945: Sex, Love, and Democratic Ideals