Juridical Significance Research Articles

Paris as a Material Witness in a Differend: Patrick Modiano's Dora Bruder

Abstract: The article examines Patrick Modiano's much commented upon semi-autobiographical historiographic metafiction Dora Bruder [The Search Warrant] (1997) through the lens of two interconnected theoretical concepts: the "differend", coined by Jean-François Lyotard to designate a situation where a plaintiff is divested of linguistic and legal means to claim her damage, and the "material witness", as Susan Schuppli has dubbed an object capable of testifying to past violence. I argue that, in the face of the evidential deficit that proceeds from the destruction of the Jewish diaspora of Paris during the Holocaust and from France's post-war memory politics in relation to the Occupation and Deportation, Modiano relies on the French capital's topography and architecture for information about Dora, her parents, and her community. Moreover, like Schuppli, he invests Parisian addresses with juridical significance so that they can become witnesses in the case he builds against wartime and post-war French authorities with a view to countering the differend to which Dora and her likes have been sentenced.

The transformation of medical statistic during pandemic of new coronavirus infection (COVID-19)

The pandemic of new coronavirus infection (COVID-19) directly effected medical statistics service. The amendments to the Federal Law "On the Official Statistical Accounting and the System of State Statistics in the Russian Federation" adopted in December 2020, regulated the provision of primary statistical data according forms of Federal and industrial statistical observation in the format of electronic document signed with electronic signature. This required the development of system of collecting and processing statistical data at the Federal level applying new technological solutions. The purpose of the study. To analyze the changes in the system of collecting and processing annual reporting on medical statistics for 2020 during the pandemic of new coronavirus infection COVID-19. The analysis was made concerning both normative legal base regulating implementation of information systems and system of receiving annual reports for current and previous years. Also content analysis was applied and materials distributed Internet were used. In conditions of new coronavirus infection (COVID-19) pandemic, instead of classical system of informational interaction at face-to-face coordination of annual report data, in extremely short terms new model of informational interaction of remote coordination and processing of annual report data was developed. The updated technological scheme was applied that included data transmission, remote coordination in VKS format, informing thriugh Telegram-channels and signing finalized forms with enhanced electronic digital signature. The complicated epidemiological situation regarding morbidity of new coronavirus infection (COVID-19) and as well as adoption of amendments in Federal legislation regarding provision of statistical observation forms in format of electronic document signed with electronic signature, required revision of format of statistical reports reception in 2020. The application of developed technology of collecting and processing annual reports data on medical statistics in online format permitted to dispense with both provision of hard copies versions of forms and reports and business trips of specialists from the subjects of the Russian Federation to Moscow that reduced expenses of the subjects of the Russian Federation when submitting annual reports. The developed mechanism of signing with unqualified electronic digital signature permitted to control data integrity. The applied mechanism for signing finalized concerted forms with enhanced electronic digital signature of public authority of the subject of the Russian Federation in the field of health protection ensured juridical significance of document provided. The establishment of base for further modernization of system of collecting statistical information from primary data, including subsequent implementation of structured electronic medical documents is proposed.

Função ou funções sociais da empresa

A partir da premissa de ser a empresa a instituição social preponderante na atualidade, este artigo busca demonstrar a existência de diversas funções sociais empresariais, a depender do porte do empreendimento econômico e sua organização societária, defendendo haver não apenas uma, mas diversas funções sociais da empresa. Refuta-se a ideia de corresponder a função social empresarial ao mero cumprimento da legislação, buscando dar a tal expressão significação jurídica própria, como cláusula ética geral e aberta, apta a adequar a tal legislação às novas realidades sociais, sempre respeitando o modo capitalista de produção, como meio de promoção do desenvolvimento e da dignidade humana.

Protection beyond Borders: Gender Cosmopolitanism and Co-constitutive Obligation

Sweden's self-identity is that of a state sensitive to the protection of women's rights and security, within and across borders. This process is here defined as one of gender cosmopolitanism, which rests on a dual commitment to the protection of women. The piece is informed by an understanding of national borders as porous social constructs, the juridical significance of which can be set aside in consideration of the needs of distant other women. This thesis will be sustained through a deconstruction of the co-constitutive intertextual relationship between Sweden's dual commitment to the combat of gendered violence at home and abroad. The article is situated within thin cosmopolitan interpretations of global obligation across borders. However, such approaches frequently offer gender-blind analysis of global moral dilemmas and, given this, it is important to consider feminist scholarship on ethical obligation. Ethics of care scholarship provides useful insights into the benefits of adopting a relational ontology. However, to fully grasp the ethical underpinnings of gender cosmopolitanism, we need to engage with feminist scholarship that is sympathetic to universal claims. A key argument developed throughout the piece is that feminism provides a good basis for the problematisation of borders as sites of social, political and economic inclusion and exclusion. The last part of the article offers a discursive analysis of two sets of official documents on Sweden's protection of women from gendered violence, drawing upon broad feminist critical reflection. It is argued that Swedish gender cosmopolitanism is constituted within universalism, while being firmly grounded in typically national preferences for gender equality. This is indicative of the employability of cosmopolitanism as a moral platform for the analysis of specific states' problematising of borders as sites of inclusion and exclusion.

Ontwikkeling van richtlijnen

Guidelines are important in the policy of quality in health care. Since some decades scientific societies of family physicians, nursing home physicians and medical specialists are engaged in developing guidelines. At first development of guidelines was consensus-based and has been more and more evidence-based after the foundation of the Cochrane Collaboration. Patients and their representatives participate increasingly in development of guidelines. For appropriate use of guidelines in daily practice it is important to take into account expectable problems with implementation. Guidelines aren't strict dictates but they have juridical significance.

'The Finn line' - a historical curiosity or a juridicial rality? The Sami reindeer herders' land rights in southern Sami areas evaluated from land consolidation practice (In Norwegian with Summary in English)

Attitudes towards the land rights of Sami reindeer herders have changed considerably during the last 100 years. So, too, has consideration of how such rights should be treated by Land Consolidation Courts. This paper reviews changes in attitudes to the Sami land rights with respect to how these are considered in Land Con¬solidation Courts in southern Sami areas in Norway. The review also considers changing attitudes regarding the competence of Land Consolidation Courts to deal with such matters. There were several cases in the 20th Century in which Land Consolidation Courts treated Sami land rights in a restricted and unfortunate manner. Legal practice, however, was not always like that, evidenced by the so-called 'Finn line' (Norwegian: 'finnelinja' -'Finn' is an archaic name for Sami). This boundary was established during a land consolidation case in 1873 and was confirmed in 1883. At that time, Sami land rights were evidently accepted as appurtenant right in privately owned mountain pasture and the Sami were treated in the same way as others who enjoyed rights of usufruct on it. The regulation of 1883 included rules governing compensation for grazing damage on farming land. In particular, responsibility for grazing damage was divided between owners and the reindeer herders, providing these looked after their animals properly, 'The Finn line' subsequently achieved wider importance. The case of 1873¬1883 has been referred to several times as a valuable and valid precedent for a way in which to organize grazing conflicts in other Sami areas. It was used in 1964 as evidence of the special rights of Sami reindeer people in the Brekken common land case. The Sami won this case in 1968 and, in its judgement, the Norwegian Supreme Court of Justice emphasised the importance of the line (Rt. 1968, p. 394). Although, owing to changes in land use practices, the 'Finn line' no longer has any practical significance, its juridical significance remains because it settles the principle that the rights of Sami reindeer herders' have to be considered in the same way as the rights of farming land owners. The ruling of 1873-1883 makes it clear that reindeer herders stand to gain important concessions, with respect to access to pasture, in land consolidation cases. The degradation of Sami land rights from the end of the 19th Century was a consequence of political manipulation and had no basis in law. Attitudes have now changed and, consequently, there is a need to revise recent legislation, such as the 1978 Reindeer Husbandry Act with regard to rules for compensation for grazing damage on farming land, and the 1979 Land Consolidation Act concerning rules of land use.

Legal Notions on the Collective Agreement

It will be recalled that the last monograph treated the significance of the collective agreement in society. If solely a function in society, (though having a legal basis), were to be attributed to the collective agreement, this would mean that no rights or obligations whatsoever would be created between the parties to it. This is not so in practice. It is of course a fact that no legally enforceable rights and obligations normally accrue, and as already indicated, those are moral ones and are only enforceable in honour, i.e. a gentleman's agreement. Nevertheless, this does not necessarily mean that the collective agreement has no juridical significance. Even agreements which are binding in honour only, as for example the kind of agreement found in Balfour v. Balfour, have a known juridical nature. Furthermore, though the collective agreement is only binding in honour, its incorporation into the individual contract of employment makes its terms legally enforceable even though recourse to the courts is seldom had. As a source of rights and obligations of considerable importance the collective agreement must therefore have some juridical significance and cannot remain entirely in the realms of society.

Concerning Acquittal Because of Lack of Evidence of a Defendant's Participation in the Commission of a Crime

I. In a Soviet criminal trial, an acquittal carries just as much weight, and is an act of socialist justice with just as much political, ethical, and juridical significance, as a conviction. Whereas a conviction condemns the criminal for the crime he has committed and punishes him according to the degree of his guilt, an acquittal repudiates the unfounded indictment of a citizen and restores his good name, honor, and dignity.

The Concept of Action and Its Juridical Significance

The Concept of Action and Its Juridical Significance

Two Contemporary Historians: José María Iglesias and Hubert Howe Bancroft

SCHOLARS IN the field of Mexican history are so accustomed to cataloguing Hubert Howe Bancroft's six-volume History of Mexico under secondary sources that his contemporary relation to and occasionally intimate knowledge of the men and events which comprised a substantial part of the final tome (covering the years 1861-1887) are generally overlooked. One excellent example was Bancroft's trip to Mexico in the 188o's, when he interviewed Porfirio Diaz. The result was a copious manuscript which eventually formed the nucleus for a biography of the dictator's early career.' Another equally fruitful personal association, which also illustrated Bancroft's indirect promotion of history, was his interesting relationship with Jose Maria Iglesias, an outstanding politician and writer of nineteenth-century Mexico. The two historians first met in San Francisco in January, 1877, where Iglesias arrived from a precipitate retreat into exile. The cause was his abortive strike for the presidency in 1876 against the reelected incumbent, SebastiAn Lerdo de Tejada. It should be noted that simultaneously General Porfirio Diaz was pressing similar ambitions toward the same goal; and, as is well known, he won the three-sided contest with the practical device of military might, ousting from the country Lerdo de Tejada and Iglesias, along with their key supporters. Though still hopeful of inheriting the presidential chair, Iglesias in reality had ended his protracted public career at the time of his encounter with Bancroft. Up to that moment, he had been a functionary of national prestige, having held various cabinet positions under President Benito JuArez from 1863 until the end of 1870. When he launched his insurrection in 1876, he was serving as the de facto vice-president (president of the Supreme Court), a post of much political and little juridical significance.

Foundations of Criminology

proposition; it is a concrete and categorical imperative of future action. Therefore, when Rasknolnikov hears somebody in the courtyard shouting: It's soon seven o'clock, he suddenly recalls the fact that at this particular hour the old woman must be home, all alone; like lightning, the thought flashes that this is the opportune moment for immediate action; his will, weakened as the result of the protracted psycho-pathological condition, is instantly galvanized, in great haste he leaves his house, and one hour later the double-murder is already a dreadful reality. 14 The egocentric antisocial tendency is the psychological foundation of the habitual crime; external circumstances of course, must be favorable, facilitating its perpetration. But here their part is of secondary importance, the propelling factor in the realization of the criminal idea being the antisocial instinct itself, whether of atavistic 14 0n the juridical significance of Dostoievsky's Crime and Punishment, see A. F. Koni's speech delivered on February 2, 1881, before the Law Society of the St. Petersburg University. The full text of the speech is published in Vol. IV, pp. 238-258 of Konis memoirs in Na Jiznennom Puti (Along the Path of Life), Berlin, 1923. FOUNDATIONS OF CRIMINOLOGY or acquired origin. This instinct is of a complex nature, and its manifestations are manifold. However, at least three mental principles seem to be invariably associated with it: (a) defiance of the existing social order, (b) following the line of least moral resistance, (c) absence of any remorse which, indeed, is rather a negative symptom than a firmly established concept. It should be clearly understood that habitual crimes show many varieties; every variety bears its own professional traits. Within the specific profession we find certain customs which tend to evolve peculiar ethics, sometimes quite different from those encountered among instinctive criminals belonging to other professions. Thus the psychology of a forger has very little in common with that of the sexual murderer or the burglar. Equally, the disregard of the social order among the different classes of habitual criminals does not always express itself in one and the same form. It often happens that the antisocial instinct is directed against some particular phase of the social order without coming in conflict with its other ramifications. For instance, a pickpocket might strongly resent crimes committed by means of violence. On the contrary, a habitual murderer often speaks with contempt about the pickpocket practice. Nevertheless, in every category of habitual crimes the antisocial impulse, in one form or another, can be detected. The habitual criminal hates government authority, and more particularly the judge and the police officer because in them he finds the personification of the state with its enforcement of the existing social order. On the other hand, his dislike of the prison is limited to the measure of personal discomfort inevitably connected with compulsory detention. Personal experience teaches the habitual criminal that much can be learned in prison which might be of great use in his future criminal work; this he renews automatically after the term has been served. For it is in prison, where the delinquent population is artificially kept together, the beginners receive their final training. Every inmate comes to the penitentiary with a vast experience of his own which he conveys to his comrades, increasing in this nianner the individual knowledge of criminal technique possessed by every member of the underworld. While the occasional crime, as a rule, is largely the result of external circumstances, the habitual crime is the outcome of a preconceived plan in which external obstacles are being carefully removed by the criminal in order to bring the undertaking to a successful end.