Sense Of Rights Research Articles

Introduction to the special issue: Organizing domestic work: The limits of regulations in the wake of the ILO Domestic Workers Convention

AbstractIn 2011, the International Labour Organization adopted a new Domestic Workers Convention, a change that generated struggles internationally around recognizing domestic labor as a form of work. Recognition as a worker is meant to redress the particularities that render the exploitation of domestic workers so intimate, painful, and naturalized. A decade after the Convention's passage is a reasonable period in which to assess its impact, as the papers in the special issue do in a variety of sites. The introduction discusses the limitations of the regulation of work in changing domestic workers' conditions. First, labor studies scholars have shown how contracts can cement inequalities. Second, attempts to standardize domestic labor through work contracts and the law rely on liberalism's supposedly unparalleled capacity to correct historical harms and perfect human relations. Moreover, studies in legal pluralism highlight the ways that informal work is organized according to social conventions. Forms of resistance by domestic workers indicate that they use a sense of rights based both on their status as workers and from other social domains to negotiate employment conditions. This leads us to the conclusion that all forms of energy expended, both paid and unpaid, should be considered forms of work.

The Inspiration of German Civic Education to China’s Ideological and Political Education Work

German civic education has undergone a complex development process and has a long history. Through the analysis and study of the basic profile of German civic education, it is clear that the characteristics of German civic education: focusing on the democratic nature of education, focusing on the practical experience of the citizens, emphasizing the citizens’ sense of rights and responsibilities and strengthening the influence of religious education, has a multifaceted significance for promoting the further development of the theory and practice of ideological and political education in China.

A Study on the Supply of Private-Sale Apartments in Public Housing Districts and the Subject of Administrative Charges

Since the first general law on rental housing—a type of public housing—was implemented in 1985, the scope of public housing has now expanded beyond rental housing to pre-sale housing, which was mandated by the Bogeumjari Housing Act in 2009. To supply public housing on a timely and large scale, public housing districts must be established first, which is the driving force behind the possibility of land acceptance according to public needs. Focusing on the Bogeumjari Housing Act, which first introduced the concept of public housing for sale, we examine the creation and supply of housing districts as well as the construction and supply procedures of housing and compare them with the Housing Site Development Promotion Act and the Housing Act applied to private housing. After the public housing district was established by the acceptance method, in addition to the construction of public housing in the district, a path for private housing could be developed by selling some of the district’s land to the private sector within the current legal framework. However, creating land for the public interest and then selling it to the private sector can result in the same problems as those raised in the Housing Site Development Promotion Act. The Housing Site Development Promotion Act conducted land expropriation for the large-scale new city development; however, it gradually became powerless against opposition from landowners owing to the cultivation of a sense of rights. The Roost Housing Act can be viewed as a means to bypass these problems. When a large-scale housing district is created for housing construction, measures to improve wide-area transportation must be implemented, and appropriate wide-area transportation facility charges may be imposed. At this point, it may be unclear whether the levy is imposed at the formation of a housing district or at the housing construction stage. As the Bogeumjari Housing Act focuses on the creation of a district, imposing a levy during the formation of the housing district may be more justified from the perspective of a housing site development plan.

The Inspiration of German Civic Education to China’s Ideological and Political Education Work

German civic education has undergone a complex development process and has a long history. Through the analysis and study of the basic profile of German civic education, it is clear that the characteristics of German civic education: focusing on the democratic nature of education, focusing on the practical experience of the citizens, emphasizing the citizens’ sense of rights and responsibilities and strengthening the influence of religious education, has a multifaceted significance for promoting the further development of the theory and practice of ideological and political education in China.

The law-making process in the Ukrainian lands of the ХVth-XVIIth centuries: institutions and procedures

Legal formation is one of the basic categories of both historical and legal science and legal science in general. The law-making process is a concentrated reflection of legal values, legal interests, legal mentality and mentality, ultimately the sense of right of society. His analysis is important for the reproduction of the historical and legal reality, particularly in the Ukrainian lands of the 15th-17th centuries, when legal practices and strategies were established and the legal canons of Ukrainian society were established. In this connection, the study of the organization of Diets and Diets and their functioning has significant cognitive potential. The purpose of this article is to highlight some features of the law-making process on Ukrainian lands in the relevant period, which manifested itself in the phenomenon of seymikation – participation in Sejms and sejmiks. The appearance of noble self-government bodies was a consequence of the spread of the crown system of administrative-territorial and judicial system to the territory of Ukraine. As a result of the administrative reform carried out on the eve of the Union of Lublin and the division of lands into voivodeships and counties, Ukrainian lands became part of the Polish-Lithuanian Commonwealth as part of 8 voivodeships, with all the rights of the ancient crown voivodships and at the same time with «their own rights». Such «own right» was primarily the Lithuanian Statute of 1566 (Statute of the Grand Duchy of Lithuania) or the so-called Volyn statute. It was he who introduced the two-tier system of state organization: the general Sejm – the place of state representation of regional elites at the national level, and the poviat sejmiks – representative bodies of the nobility. Participation in seyms became the main mechanism for the participation of the nobility in the political and legal life of the state. Despite all the specifics of sejmik (vassal-clan dependencies, tycoon lobby, etc.), it can be argued that it, as well as the institutions of the Sejm and sejmiks, ensuring the involvement of a significant nobility and communication between the lord and the nobility, was an effective way of organizing, in particular, rightful life, the main component of which is law-making. Key words: legal formation, Sejm, sejmiks, sejmіkаtion, Lithuanian statute, nobility, crown law, selfgovernment, law.

歴史的まちなみの屋外広告物における「相応しさ感覚」に着目した景観保全

This study focused on outdoor advertisements in Kawagoe City, Saitama Prefecture, that are not explicitly defined as norms, but have implicit rules based on the “sense of appropriateness” of people who are involved in urban development. In this study, the factors of the “sense of appropriateness” and the process of cultivating it were clarified. As a result, nine types and evaluation criteria based on the “sense of appropriateness” for the signage design were identified. In addition, the “sense of appropriateness” has been fostered through community development activities and has been changing with the times.

Home-based sexual Education for Children with Intellectual and Developmental Disability (IDD)

This study was qualitative and used an exploratory research design. The sample of the study included 15 parents of children with IDD recruited using a purposive sampling technique. The tool for data collection was a self-developed semi-structured interview. The findings of the study revealed parents perceive that sexual education helps in appropriate interaction with the opposite gender and development of a sense of right. Parents also face some common changes such as attraction for the opposite gender, prominent physical changes, psychological changes, and emotional changes. The study revealed some basic problems included communication barriers, lack of knowledge and skills to talk about sexual education, inadequate content on sexual education, family values as taboos to discuss sexual matters, health-related problems, problems in managing anger and frustration, and not aware of the strategic measure. This study emphasizes the need for future interventions to overcome challenges.

공장의 이주대책제도에 대한 재검토

The relocation measures system for factory, which was introduced by amending the Public Works Project Act in october 2007, has a short history and the system has not been fully overhauled, and there are many conflicts in public works project. In particular, with democratization, the people's sense of rights has been enhanced, and the demand for rational improvement in the relocation measures of factory is increasing, and it is time for a fundamental reconsideration. The purpose of this study is to analyze the problems of the relocation measures for factory, which is incomplete or unreasonable and has many conflicts and related research is insufficient, and to derive ways to improve it. As a result of the research, the improvement measures were proposed in detail, largely divided into long-term and short-term measures. In the improvement of the loss compensation system, equity, rationality, and efficiency should be comprehensively considered, and a way to satisfy both the concessionaire and the compensator should be actively sought. In particular, it is necessary to actively review the establishment of a 3rd party support system suggested as a long-term measure, deliberation of living measures at the stage of the project approval, improvement of equity in livelihood compensation, and the agreement compensation incentive system.

Jesus’ Spirituality of [Af]filiation in the Fourth Gospel

The spirituality of Jesus, embedded within the literary contours of the Johannine narrative, is primarily grounded in a relationship of affiliation and friendship. It is a spirituality of abiding whose origins and goal lie in the unity of heart and mind that the Johannine Jesus as Son shares with the Father. This core relationship connotes not only the love that binds Jesus to God but is also the basis of the motif of sending and the divine authority over life and death which Jesus possesses in this Gospel. Jesus’ spirituality is grounded in the abiding presence of the Spirit-Paraclete whom he bequeaths to the disciples. In handing over the Spirit to the gathered community through his death and resurrection, Jesus donates his own spirituality, ultimately drawing all creation into the divine circle of love. This spirituality is the result of the Spirit’s presence, restoring human beings to their original, created identity as children and friends of God and empowering them for mission. While the dominant imagery is masculine there are also feminine images, particularly that of divine Wisdom, which provide a counterbalance and create an inclusive sense of appropriation and welcome.

How political rights are created from Sharia rules in Iran

This article evaluates how political rights, such as the right to vote and the right to elect, are created in Iran. This analysis has been done according to the historical, conceptual, and jurisprudential context in Shi’ite theology. The article argues that Iran’s political rights led to regarding individuals as religious followers rather than citizens. The first reason for this claim is that the meaning of political rights is derived from Shi’ite theological concepts such as Haqq (right) and Velayat (guardianship). The theological meaning of these concepts has led to the deprivation of the political sense of rights and giving them a religious meaning. The second reason is that the content of political rights in Shi’ite jurisprudence has been produced in two ways. One way is when there is no specific Sharia rule for a right, such as the right to vote. In such conditions, Faqihs try to allow this right through Sharia and make these rules permissible. The other way is when the Sharia rules for a specific right already existed, such as the right to elect. Under such circumstances, Faqihs attempted to turn the Sharia rules into political rules by extending them. As a result, the right to vote is authorized from a religious perspective to a religious duty. Furthermore, the right to elect is changed into religious allegiance to politics.

Network Trials


 
 
 
 A research carried out within the Department of Architectural Design of the University of Florence offers the opportunity to examine, thanks to the design practice exercised on a case study, some theoretical assumptions about the city matured by a part of architectural culture since the second half of last century and perhaps still poorly explored. At the basis of these theories, the break of disciplinary autonomy in the conception of public space is clear: architecture opens up to content from other disciplines in an attempt to recover the identity of places and that sense of appropriation of collective space by citizens. The disciplinary heteronomy is a difficult road but however it seems to be necessary in the attempt to resolve the conflicts inherent in the contemporary city plagued by increasingly marked separations. Limits, separations and degradation are phenomena that are often self-feeding and which space, if not the public one, could be the bearer of those values and solutions able to subvert the state of things?
 
 
 

Relation Between Urban Design and Citizens’ Perception. Case Study Biobio Riverside Park, Concepción, Chile

This research analyses the impact of urban design on the vitality of public space. For the above, it explores the experience of inhabitants throughout indicators. This analysis allows us to identify relations between urban design and the perception of people inhabiting the place; identifying elements that favour or diminish the vitality of urban public spaces. As a case study, the Biobio Riverside Park, in Concepción, Chile, was selected. Based on its condition of being an attractive project, well located and designed; however, absent from activities and appropriation. The article researches bibliographically about some aspects of urban design, which modify the perception of inhabitants concerning the urban environment. Subsequently, several authors are analysed to identify the main urban design criteria considered for the development of an appropriate public space. With this background a methodological tool is constructed, to evaluate the perception of the inhabitants in relation to various urban design factors. Its application is done through surveys and planimetric analysis in the field. Finally, the survey and planimetry data were analysed simultaneously, in order to recognize the main elements of urban design, conditioning the vitality of the riverside park. Among the main results, security, accessibility, and diversity of activities emerge as the most influential urban design factors in the vitality of public space. Simultaneously, a clear difference between the participants’ perception is identified, depending on the proximity of their residence to the case study. This implies that both the sense of appropriation, as well as the sense of security and the attractiveness of the urban landscape, are determining aspects of perception, to promote the vitality of public space.

Жанровый синтез в мемуарах А. Т. Болотова

Although the genre status of the memoirs of the Russian writer Andrei T. Bolotov has been repeatedly raised in the literature, it has never merited a separate study. This article analyses the structure of Bolotov’s memoirs in terms of their genre peculiarity. Text analysis shows that, when writing his memoirs, Bolotov used techniques borrowed from across various genres with which he was well acquainted. Those were the novel, the epistolary genre, the travelogue, the historical essay, etc. In the broad context of Bolotov’s works, the article shows that all those elements were not combined mechanically. A well-read and stylistically sensi­tive author, he was guided by an intuitive sense of appropriateness of each technique depend­ing on the object of description and thus achieved a genuine synthesis of genres. Finally, it is concluded that this intuition and a clear understanding that his task was a thorough descrip­tion of his life as a record for posterity translated in the literary finesse of Bolotov’s texts and their appeal to the reader.

The importance of social economy practice for the development of social capital of local self-governments in the perspective of labour market security

The development of local communities, the future of the Republic of Poland is a matter requiring the integration of hands, hearts and minds, a sense of rights and obligations of all citizens. With this awareness and the need for action to rebuild ties in local communities, the General Meeting of the Beskidy Association of Ecological Production and Tourism BEST PROEKO in 2014 adopted a resolution on statutory actions to counteract the spreading social pathology and social exclusion of the unemployed and disadvantaged people, which resulted in the creation of the first Social Integration Centre in the district of Żywiec in Jeleśnia. It is a coherent, integrated and coherent measure that fits into the Development Strategy of the Silesian Voivodeship "Śląskie 2020+" in the area of social economy and fulfils the mission to create a necessary platform for cooperation for local partnership in order to improve the quality of life of persons in need of comprehensive support on the way to return to decent living and to social and professional activity. The Beskidzki Congress of Social Economy had the task of bottom-up evaluation of the activity of social economy entities of the Polish Social Economy and analysis of conditions and needs in terms of legal and organizational changes to improve their functioning in a coherent and integrated local partnership in the space of socio-economic life of the inhabitants of the Podbeskidzie region.

Parallele Anwendbarkeit von Grundrechtecharta der EU und nationalen Grundrechten

Pursuant to its Article 51 (1), the EU Charter of Fundamental Rights covers the implementation of EU law. Since 2014, the Estonian Supreme Court has applied the assumption that the Charter, in principle, does not preclude parallel applicability of national-level fundamental rights in areas subject to EU law, although the primacy, unity, and effectiveness of EU law must not be compromised thereby. The Member State's margin of appreciation should not be considered a precondition for the relevance of national fundamental rights. Even mandatory norms of EU law, which inevitably require certain national measures (e.g., permission to use a piece of music for sampling as in CJEU case C-476/17: Pelham), do not exclude the applicability of constitutional rights (here, the composer's copyright), though these can justify their restriction. Hence, the relevant piece of EU legislation itself must be valid. The CJEU should follow the principle of constitutional plurality in dialogue with national courts when examining the validity of EU norms restricting national fundamental rights. A parallel analysis of the national constitution and Charter by the competent national court would assist the CJEU in issuing a preliminary ruling. The most favourable standard of the fundamental rights in sense of the Article 53 should not be determined on merely abstract terms. Instead, the results of parallel analysis in light of the pending case should be of decisive importance. One conclusion presented is that in cases of multipolar conflict, there remains the possibility that a even fundamental right of one person that is derived from a national constitution can sometimes justify infringement on the charter-based right of another if there is no secondary legal balance of legal positions. In addition, exceptional situations might exist wherein fundamental principles of national constitutions may be granted precedence over the effectiveness of EU law.

Social Studies Courses Teachers' Views on Global Citizenship and Global Citizenship Education

The aim of this study is to reveal the opinions of teachers who deliver Social Studies courses on global citizenship and global citizenship education. A semi-structured interview was conducted with 15 teachers who were interviewed individually and face to face with the purposeful random sampling method. The data were analyzed by content analysis. Based on the findings, it was found that teachers have a positive opinion about global citizenship. Besides, teachers have identified global citizens as individual who have self-awareness of the world and humanity, sensitive to the problems of the world, participant in the sense of rights and responsibilities, non-discriminatory and give importance to solidarity with other people. Teachers have expressed that global citizenship education is necessary to ensure non-discrimination and solidarity in the world in order to communicate with people from cultures. It was also concluded that Social Studies courses are found insufficient to serve global citizenship education in Turkey by teachers.

Legislation plan for full mandatory Lawyer reparations liability insurance

전문가배상책임보험에 속하는 변호사배상책임보험은 변호사가 업무수행 중 발생하는 변호과오로 인하여 손해를 입은 의뢰인이나 제3자에 대한 손해배상책임을 전보해주는 보험을 말한다. 변호사배상책임보험의 운영방식에 대하여는 임의보험형태와 의무보험형태로 나누어져 있고, 각 나라마다 상황에 따라 다르게 도입하고 있다. 한국은 변호사배상책임보험을 임의보험형태로 2002년에 도입한 후 법률시장의 개방과 확대, 사회발전에 따른 국민의 권리의식의 향상 등으로 변호과오소송이 증가하자 2005년에는 법무법인(유한)과 법무 조합에게 보험가입을 강제하는 부분적 의무보험형태로 운영방식을 전환하였다. 변호사의 업무수행에 있어서 아무리 주의를 하여도 작거나 큰 의무위반행위가 발생 할 수밖에 없는 것이 현실이다. 또한 변호사의 법률사무 처리과정에서의 과실 등을 이유로 하는 손해배상청구가 증가하고 있고 변호사의 책임을 인정하는 법원의 판결이 선고되는 등 법률 소비자보호 인식이 확산되고 있다. 따라서 법률소비자보호와 변호사의 효율적인 업무수행활동과 경영안정성을 위해 변호사배상책임보험의 가입확대를 위하여 완전의무화를 위한 법제 도적 보완이 필요하다. 제도적 보완은 약관을 통한 보완으로는 부족하며, 변호사배상책임의 의무화 내용에 대한 분쟁의 사전예방을 위하여 실정법으로 규정할 필요가 있다. 현행법상 부분적 의무화 조항에 추가하여 전문가책임보상보험 전체에 대한 강제가입 등을 일반조항으로 상법 보험편에 신설하고 모든 변호사들이 변호사보상책임보험에 가입하도록 하는 조항을 변호사법에 추가하는 입법보완이 필요하다.The lawyer s reparations liability insurance, which belongs to the professional reparations liability insurance, is an insurance that tells the lawyer about the liability for damages to the injured client or a third party due to a defense mistake that occurs while performing business. Lawyers compensation liability insurance is classified into voluntary insurance and mandatory insurance, and is introduced differently in each country. In 2005, the Korea Lawsuit Corporation (LLC) increased its liability insurance by introducing liability insurance as a voluntary insurance system in 2002, opening up and expanding the legal market, and improving the public s sense of rights as a result of social development. And the statutory union to compulsory insurance. It is a reality that the attorneys are obliged to pay a minimum amount of attention or violation of their duty. In addition, claims for damages based on the negligence of the lawyer in the process of legal affairs are increasing, and the judgment of the court admitting the responsibility of the lawyer is sent to the public. Therefore, it is necessary to make legal and institutional supplement for full legal obligation to increase the participation of lawyer liability insurance for legal consumer protection, lawyer s efficient business execution activities and management stability. Institutional supplementation is insufficient for the supplementation through the contract, and it is necessary to prescribe as the actual law for the prevention of the dispute about contents mandatory of the lawyer indemnity liability. In addition to the partial mandatory provisions in the current law, it is necessary to supplement legislation to add the provision that all lawyers should be obliged to comply with lawyer liability insurance, Do.

Parallele Anwendbarkeit von Grundrechtecharta der EU und nationalen Grundrechten

Pursuant to its Article 51 (1), the EU Charter of Fundamental Rights covers the implementation of EU law. Since 2014, the Estonian Supreme Court has applied the assumption that the Charter, in principle, does not preclude parallel applicability of national-level fundamental rights in areas subject to EU law, although the primacy, unity, and effectiveness of EU law must not be compromised thereby. The Member State's margin of appreciation should not be considered a precondition for the relevance of national fundamental rights. Even mandatory norms of EU law, which inevitably require certain national measures (e.g., permission to use a piece of music for sampling as in CJEU case C-476/17: Pelham), do not exclude the applicability of constitutional rights (here, the composer's copyright), though these can justify their restriction. Hence, the relevant piece of EU legislation itself must be valid. The CJEU should follow the principle of constitutional plurality in dialogue with national courts when examining the validity of EU norms restricting national fundamental rights. A parallel analysis of the national constitution and Charter by the competent national court would assist the CJEU in issuing a preliminary ruling. The most favourable standard of the fundamental rights in sense of the Article 53 should not be determined on merely abstract terms. Instead, the results of parallel analysis in light of the pending case should be of decisive importance. One conclusion presented is that in cases of multipolar conflict, there remains the possibility that a even fundamental right of one person that is derived from a national constitution can sometimes justify infringement on the charter-based right of another if there is no secondary legal balance of legal positions. In addition, exceptional situations might exist wherein fundamental principles of national constitutions may be granted precedence over the effectiveness of EU law.

Participatory design, temporary structures and the appropriation of urban space by marginalized youth: the problem of the Odd Triangle

ABSTRACTThis paper discusses the design and construction of a temporary structure in a neglected urban space. Researchers consulted and worked with members of a youth club in a deprived area of an English city to try to enable spatial appropriation through participatory design. It was found that age- and class-based relationships greatly constrained participants’ sense of appropriation. Participants did, however, appropriate the co-design process in enthusiastic ways centred on the transgression of adult norms. The paper concludes with reflections on how constraints on marginalized youth agency can inhibit participatory approaches.

Revisiting the European Convention: the origins of the EP veto over international commercial treaties

ABSTRACTThe European Parliament had long tried and failed to gain a substantive role in the Common Commercial Policy. The Treaty of Lisbon brought a breakthrough for the EP by giving it a veto over international trade treaties. The rule change originated at the Constitutional Convention. While it is generally accepted that the Convention was steered by a desire to make the EU more legitimate, it is argued here that the rule change resulted from the complex agency of MEPs that participated at the Convention, who simultaneously appealed to ill-informed national participants’ sense of appropriateness and employed obfuscation tactics. The piece also makes a concerted effort to develop process tracing as a transparent and powerful tool for single case research. The evidence used to update our confidence in the causal mechanism is presented and evaluated in a structured manner in the appendix.