Social Compromise Research Articles

МОЖЛИВІСТЬ РАЦІОНАЛЬНОГО ЗАКОНОДАВЦЯ НА ПРАКТИЦІ: ЛИТВА

The legislator, officials of the state apparatus and the lawyers – all those who face creation, application, and systematization of legal acts – are especially interested in the perfection of such technique. Thinking in legislation is the key element in a process in which the legislator – both legal (lawyer) and political – has to choose one of the many solutions that consolidate social compromise. Legislative technique in Lithuanian doctrine is interpreted in a narrow and a broad sense. This article proves the necessity for the purview of laws to be determined by needs of the society and not by the will of authorities; it also explains how the legislator should apply legal sociology for this purpose. Scientific methods of legal sociology in lawmaking have been introduced relatively recently. The impact of law on political authorities in the process of lawmaking is reflected in actual legally consolidated politics. As legal awareness – „the spirit of law“ – has a direct impact on political processes and determines establishment of procedures, therefore politics itself becomes a part of law. Herewith in political processes the law becomes dynamic and politics itself becomes entrenched in law. In this article interpreting the legislative technique in a broad sense, as a set of methods and means used in preparation, publication and systematization of legal acts, one of its goals should be distinguished – to improve the legislative process from a technical point of view. In Lithuania, it needs to be noted that the content of these requirements have undergone positive changes in quality with the changes of legal acts. In addition to general technical – linguistical requirements material content requirements have been set forth, constituting the scope of individual regulation, the relationship with other legal acts, the essential principles of public relations regulated, etc. At the same time, references to the source of official publication were abandoned, and all these changes lead to conclusion, that the legislative technique in this area has become simpler and clearer and it contributes to the development of better lawmaking.

Can We Agree on What Robots Should be Allowed to Do? An Exercise in Rule Selection for Ethical Care Robots

Future Care Robots (CRs) should be able to balance a patient’s, often conflicting, rights without ongoing supervision. Many of the trade-offs faced by such a robot will require a degree of moral judgment. Some progress has been made on methods to guarantee robots comply with a predefined set of ethical rules. In contrast, methods for selecting these rules are lacking. Approaches departing from existing philosophical frameworks, often do not result in implementable robotic control rules. Machine learning approaches are sensitive to biases in the training data and suffer from opacity. Here, we propose an alternative, empirical, survey-based approach to rule selection. We suggest this approach has several advantages, including transparency and legitimacy. The major challenge for this approach, however, is that a workable solution, or social compromise, has to be found: it must be possible to obtain a consistent and agreed-upon set of rules to govern robotic behavior. In this article, we present an exercise in rule selection for a hypothetical CR to assess the feasibility of our approach. We assume the role of robot developers using a survey to evaluate which robot behavior potential users deem appropriate in a practically relevant setting, i.e., patient non-compliance. We evaluate whether it is possible to find such behaviors through a consensus. Assessing a set of potential robot behaviors, we surveyed the acceptability of robot actions that potentially violate a patient’s autonomy or privacy. Our data support the empirical approach as a promising and cost-effective way to query ethical intuitions, allowing us to select behavior for the hypothetical CR.

Assessment of factors influencing oral health-related quality of life (OHRQoL) of patients with removable dental prosthesis.

Objective:The aim of this study was to evaluate factors affecting oral health related quality of life (OHRQoL) of patients using removable dental prosthesis.Methods:The present study employed a cross sectional analytical design. A total of 200 patients participated and interviewed using a cross sectional analytical design. In the first section of the questionnaire patients were asked about demographic data whereas the second part of the questionnaire assessed medical history, oral habits, smoking status, oral hygiene habits and frequency of dental visit. The questionnaire also collected information regarding patient’s removable prosthesis. Questionnaire of OHIP-DENT (Oral Health Impact Profile) was also employed to measure oral health quality of life (OHRQoL) on the domains of functional limitation (FL), physical pain (P1), psychological discomfort (P2), physical disability (D1), psychological disability (D2), social disability (D3) and handicap (H). Relationships between the demographic, socio-economic and education variables and others OHIP-EDENT scores were explored by comparing mean scores by applying ANOVA.Results:The study participants comprised of 107 males (53.5%) and 93 females (46.5%). Regarding oral care, participants reporting to visit their dentist within one year were 40.0%. The highest score was recorded for the functional limitation (FL) domain (15.62±6.6), followed by social disability (D3) (15.23±5.06) and physical pain (P1) (14.28±4.8). The respective scores for physical (D1) and psychological disability (D2) and handicap (H) were 10.47±4.84, 11.32±5.38 and 12.45±4.50 respectively.Conclusions:Removable partial denture patients showed minimum problems with mastication, social compromise and functional discomfort. The oral health quality of life of removable denture patients is significantly influenced by patient education level, socio-economic status, medical conditions, smoking and tobacco use habits.

Legal aid services in Spain within the migration industry debate. Public policy, business or social compromise?

ABSTRACTThe objective of this article is to examine the unexplored role of public defenders who provide legal aid services to immigrants within the debate on the migration control and rescue industries. Although these services are provided by bar associations, public organizations that group private professionals, they are paid for with government funds due to regulations guaranteeing the right to legal defence. The main argument and conclusion of this article is that although lawyers working in these services receive public compensation for the legal aid they provide, they generally become public defenders due to personal beliefs, such as a commitment to protecting the rights of foreigners.

CORPORATE SOCIAL ACTIVITIES IN GERMANY: THE EXPERIENCE OF COMPANIES

The purpose of the article is to study the European experience of the formation and regulation of socially responsible behaviour of economic entities; distinguishing the dominant drivers of corporate social responsibility in Germany and strategic priorities for its implementation. Its contents are interpreted in the expanded and narrow sense. Expanded approach insists that CSR is a set of interrelated types of responsibility (legal, economic, professional, moral, political, etc.) that reflect the system of values of society. Narrow interpretation foresees the definition of the degree (measure) of adoption by the subject of socially significant goals of society, the fulfilment of mutual rights and responsibilities, observance of social norms. The research subject – the peculiarities of the functioning of the European model of socially responsible entrepreneurship, the practice of its implementation in Germany. The methodology of the research is based on the definition of general principles of constructing the system of corporate social responsibility, disclosure the essence of the categorical apparatus, considering its main theoretical concepts. In the process of research, a set of methods of scientific cognition were used: analysis, synthesis, generalization (for the disclosure of the conceptual-categorical apparatus of the subject of the research); statistical method, grouping, empirical approach (while analysing the practice of distributing social responsibility among the subjects of social partnership in the EU for ensuring social protection of the population, and differences between the EU countries on the level of such responsibility of the subjects of the social process, depending on the model of socio-economic development). Conclusion. Under the influence of the challenges of globalization and the 4th Industrial Revolution, aggravation of competition, the conditions of the economy are changing. The need for business models on the basis of the strategy of sustainable development, socially responsible behaviour of business structures on the basis of systemic and long-term is growing. This situation actualizes the problem of creating mechanisms for maintaining social compromise in society. System of ensuring responsibility of the subjects of society for the formation of normal living conditions of society is one of the institutional mechanisms of social control and creating conditions for balancing personal, collective and social interests. Institutional support for the functioning of the mechanism for supporting social compromise regarding the formation of normal living conditions is based on the levers of state regulation (subsidies, preferential taxation, economic incentives, and compliance with the standards of activity); institute of entrepreneurship (international and national standards for doing business); institute of the public (the system of social reporting of enterprises, work with territorial communities). Compliance with product quality standards, with obligations to stakeholders, social reporting and progress reporting (including its environmental parameters), transparent business promotes the implementation of socio-stabilizing functions of entrepreneurial activity both on national and on a world scale. Experience of European (in particular, German) companies proves the need to adherence to the principles of social responsibility in entrepreneurship and the possibility of their use as a competitive advantage.

Rationalization, working conditions and living standards in postwar Japanese coalmining communities

After 1945, unionization, the introduction of a new wage system, a huge effort by experts to understand the social and biological lives of miners and their families, the introduction of a new form of solidarity, and closer monitoring of the health of mining community members contributed, along with the development of the welfare state, to the formation of a more stable community around the mines and a more secure life for a new generation of miners recruited en masse just after the war to replace Korean and Chinese forced labor. Yet there is also more to the story than the narrative of a social compromise driven by rationalization and productivity policies that generated an inexorable, universal Fordist virtuous circle leading the working class to security. A close look at the social history of postwar mining communities highlights the divide between the growing stabilization of miners’ lives with the advance of the welfare state and the increasing physical and economic risks they faced with the advance of the industry’s rationalization policies driven by the decline of Japanese coal.

FAIRNESS AS A PRIVATE LAW PRINCIPLE AND ITS EFFECTIVENESS CRITERION

Introduction: the history of legal regulation is connected with the problem of fairness of legal norms (this question was raised in the politico-legal concepts of antiquity, the Middle Ages, New Era and contemporary times). Nowadays, in the context of legislative reforms and search for a balance between private and public interests, the question of fairness has not lost its significance. Not only legal theorists face this question, but legislator comes across it when determining the direction of the legislative deve- lopment. The same question arises when law enforcer has to solve certain legal dispute. The main goal of this research is to determine the value of fairness in the private-law regulation of social relations. Methods: the systematic analysis of the «fairness» category in the aspect of its impact on the modern state of private-law regulation acts as a determining method of the research. This particular method was chosen because it allows revealing the integrity and complex nature of the category under study. Apart from the systematic analysis, during the research general scientific dialectical method of cognition and special methods of investigation (formally legal, comparative law research, method of legal modeling) were also used. Analysis: in the framework of study the main tendencies of private law development in the modern economic and political conditions from the perspective of general legal and private-law approaches have been investigated, inter alia the issue of searching the balance in private and public, personal and common interests in various scopes of private law application. Results: the authors come to the conclusion that the category of fairness is multidimensional. On the one hand, it can serve as a private law principle that stems from the extensive principle of law fairness, and, on the other hand, being the reflection of social compromise, should serve as a criterion of the effectiveness of the private-law regulations on the national and international level.

Reinforcing the social compromise of accelerated approval.

Accelerated approval enables investigational drugs to reach the US market on the basis of their demonstrated effects in unvalidated surrogate measures, only reasonably likely to predict clinical response. To fulfil the social compromise, regulators should ensure that confirmatory trials testing clinically meaningful end points are already underway at the time of approval.

The distinctiveness of employment relations within multinationals: Political games and social compromises within multinationals’ subsidiaries in Germany and Belgium

This work makes a theoretical contribution to our understanding of the strategic mechanisms that enable subsidiary management and union agency to exploit ambiguities in the subnational competitive context impacting labour flexibility–security concerns. In so doing, the article contributes to the distinctiveness of employment relations through scrutiny of the internal regime competition that fosters political games in multinational corporations (MNCs). Studying the dynamics, we identify the set of structuring conditions governing political games and explain why some workplace regimes generate social compromises whilst others do not. We reveal a set of strategic conditions (i.e. technology, embeddedness and MNC control) upon which compromise is built in six German and Belgian subsidiaries of four MNCs. Our analysis suggests that subsidiary control modes through expatriates and local embeddedness act as key mechanisms via which the effects of wider strategic drivers influence the form of social compromise.

Social Conditions and Compromises done by Anesthesiologists in India.

Contrary to the situation in United States, where in the profession of Anaesthesiology as a speciality is highly paid and one of the prestigious clinical attachments, Indian Anesthesiologists present a dismayed picture. In India the Anesthesiologists are known to the common man as a band of paramedical people. A survey conducted in a medical college about patients awareness about anaesthesiologists revealed, the patients are not even are aware of the fact that Anesthesiologists are doctors. From a surgeon’s perspective, anaesthesiologist is someone who is available cheaply, can be liberally ill-treated misbehaved and is the only person at his disposal to serve as an outlet to his frustrations, so that he can leave home with a fresh and healthy mind. The point of abiding the surgeon is nothing new concept in India, but this has been repeatedly reinforced in the mind and hearts of the budding anaesthesiology residents thoroughly by their veteran teachers, who they believe to be pioneers of Indian anaesthesiology. It seems they give them a dictum “ To serve and make the surgeon happy is the ultimate goal and in our business the surgeon is the king, who makes our both ends meet, if he is happy we exist and if he is angry , we perish”.

Uticaj bezglutenske ishrane na način života dece sa celijakijom

Celiac disease is an autoimmune disease, which occurs due to inadequate immune response in genetically predisposed individuals in contact with gluten contained in wheat, rye, barley and oats. Removing gluten from the nutrition can be a difficult task, because wheat and other grains that contain gluten are widely used in people's daily nutrition, across the world By this paper we want to evaluate the available literature, and make a review of gluten-free diet effect on the way of life of children with celiac disease Following aspects such as cross-contamination with grains containing gluten, high prices, low availability of gluten-free products and improper labeling of food can jeopardize the treatment ie. respect of gluten free diet. Survey of literature indicates that the gluten-free diet brings a lot of social compromise in the lives of children and families who have a member with this problem in the daily life of the organization. The high incidence of psychological problems such as anxiety, depression, fears, feelings of sadness and low tolerance for frustration was observed in children with celiac disease. For better and healthier life of patients with celiac disease, the constant supervision over the production and trade of gluten-free products is needed. In addition to the aforementioned, continuous education of health workers, pharmacists, caterers, hoteliers and traders about the disease. is. required as well as a broader social activity and greater involvement of social institutions.

Ideology as a Source of Legal Innovation

The article deals with the interrelation between innovation and ideology of law. Particular attention is paid to the most important innovative objectives of ideology of law. The author makes a thorough analysis of the process of emergence of a new, innovative legal idea, since the transformation of a new idea into theory, legal principles and concepts is one of the key moments of the process of innovation in law. The author believes that the legal ideology is destined to support, develop and disseminate innovative ideas related to universal human values: rights and freedoms of an individual, democracy, rule of law, legitimacy, civil society, socially-oriented market economy. The paper notes that the essence of innovative legal ideology provides for the process of identifying theoretical consciousness, coordination and harmonization of various public interests by means of reaching a social compromise. Moreover, in the author's opinion, when innovative elements are introduced, the legal ideology should contain a great moral potential, which implies ensuring the rights of an individual, support, protection and development of the family. The most important task of an innovative legal ideology is to create legal ideas regulating the penetration of national culture into the legal system. In addition, the innovative legal ideology is aimed at developing ideas of economic relations regulation. Modern ideology can not just state the movement towards a self-regulating market economy. The innovative legal ideology makes it important to express a clear position concerning such processes as free trade, entrepreneurship, property issues.

POLITICAL PREFERENCES OF THE COSSACKS AND THE PEASANTRY OF THE DON ARMY REGION ON THE EVE AND DURING THE RUSSIAN REVOLUTION OF 1917-1918

The author reveals in the context of the analysis of the work of historians existing in the Soviet and modern historiography the main problems of Cossack and non-resident population of the don, analyzes the political preferences and sympathies of the Cossacks and the peasantry of the don Cossacks before and during the revolution of 1917-1918гг, determining the value of discussion and unexplored issues of this important topic. Specifics of the process of regional patogeneza all the main political directions. Defined: among some of the frontline (the average of the Cossack middle peasants) and Cossacks, and especially of the poor in 1917-1919.g became popular and the idea of popular Soviet and socialist democracy. It is concluded that many factors contributed to the aggravation of contradictions between different social groups of the Cossacks and Cossack, the peasant and the provinces, the working population of the region. The lack of understanding, lack of experience of the culture of political and social compromise, mutual concessions complex interweaving of elements of the century and inter-class hatred, sometimes burdened with ethno-cultural and inter-religious hostility, severity and complexity “of the agrarian question", belittling the status of non-resident and working population of the region, has led to a gradual slide towards bloody civil war. “Don Vendee" in the end, was the beginning of the global Russian civil war.

How Do Business Interest Groups Respond to Political Challenges? A Study of the Politics of German Employers

ABSTRACTSocial scientists dealing with business and politics have tended to focus mostly on the power of business and less on the political challenges and constraints that business interest groups face. This paper analyses how business interest groups respond to political initiatives that challenge their interests, using four episodes of political conflict in Germany. The paper elaborates a model of response strategies and their likely impact on political outcomes. The model suggests that business interest groups can respond to political challenges in two ways: by seeking confrontation or by pursuing adaptation. The paper illustrates these two response strategies with four episodes of political conflict in the political-economic history of Germany: (i) the adoption of social insurance under Bismarck, (ii) the adoption of unemployment insurance in the 1920s, (iii) the adoption of board-level codetermination in the early 1950s, (iv) and the Agenda 2010 labour market reforms of the early 2000s. These four case studies show that adaptation facilitates social compromise, while confrontation results in a bifurcated outcome, producing either dominance or defeat of business interests, depending on what side government takes. Furthermore, the analysis finds that confrontation tends to be associated with a unity of interests within the business community, while adaptation tends to be associated with a fragmentation of interests. The discussion emphasises that the role of business in politics should not be seen solely in terms of business ‘influencing’ politics, but also as potentially adaptive.

Тhe Russian statehood. 2017

The subject. The author's research methodology of social processes is represented, by establishinga bond between the ways of property organization and governmental form – especiallyits political regime.The analysis of methodology is based on the historical materials devoted to Russian statehoodin terms of its transition states during the appropriate industrialization of domesticproduction.The results, scope of application. Since 1861, the Russian statehood during its existence hasexperienced a number of important transitional states, where the successful process offorming the traditional foundations of the corresponding society in different periods (pre-Soviet, Soviet and post-Soviet) in terms of the author's methodology was and still is untenable.The basis of this methodology is the existing relationship between the concrete wayof property organization and its social function. Thus, a private way of property organizationreproduces the function of social development. A mixed (corporate) way provides a functionof social compromise (convergence). Finally, the common (collective) way of propertyorganization can be determined by the function of social security. A concrete way of propertyorganization arries out only a specific social function. An attempt to change this dependenceleads the corresponding society to the destruction of the foundations of its existence.Thus, the liquidation (abolition) of the private way of property organization objectivelyforms the impossibility of realizing the functions of social development and the functionsof social compromise (convergence) in the society by the common (collective) way ofits organization. There is another aspect of the relationship between a particular way oforganizing property and its social function. Each of the above methods of property organization,reaching a monopoly state that goes into rent, provides for self-destruction andtransformation of its social function as opposed to: from development to degradation, fromcompromise to confrontation, from social provision of society to the provision of clans. Abrief historical digression in the article makes it possible to disclose the content of thismethodology when analyzing the facts of life of Russian statehood, including its latest historyuntil 2017.Conclusions. The modern post-Soviet statehood in its various foundations: economic, political,social and cultural, when realizing the appropriate tendencies of segregation of theprivate way of property organization and the growing monopolization of state property,largely casts doubt on the future development of our society.

Methodological Basis of Legal Personality of the State (Civil Aspects)

Article deals with the investigation the legal nature of the state. It was found that the state is the allied unity of settled people provided with primary power of primacy. The essence of the state lies in creation of conditions for the development of the civil society, implementation of shared interests of members of society. The state is a means of social compromise of members of civil society. It appears not only as a form of provision of such social compromise, but also as an active and equal member of the relevant legal relations. The ability of the state to be an active participant in social communications configures its natural right that can and should be implemented. As a result, the subject gets legal opportunities for its activities and transformed into a legal person the nature of which is revealed through the signs of interest, will of the subject and its individual separation. Since the state is a union of interests of persons united in the unified social organism for their support, the fact that the legal entity as a legal person synthesizes in itself not only characteristics peculiar to the corporation, but also characteristics peculiar to the state as a legal person is justified. Implementation of the civil capacity of the state is revealed through the institution of representation. The justification of universal character of legal capacity of the state is given. It is proved that the subject of legal relations is not the specified one, the nature of relations in which it stands is also not specified. The volume right of an individual, who is granted with certain powers from the principal, is specified. The special capacity is not peculiar to the state as a legal person, but to a relevant government authority that implements its own competence, for which it has the rights and obligations, exercises the authority, including private-legal sphere.

Юридическая наука как диалог

The article touches upon the communicative aspect of scientific activity in jurisprudence. The value of a communicative paradigm for humanities research lies in the ability to resist the process of de-identification of social existence The science of is supposed to be a dialogue of representatives of various legal conceptions. The ambiguity of the term law is noted and the attention is given to the inadmissibility of legal studies to ignore the formal nature of positive law. The right in public life realizes the function to enable social dialogue, determine its shape and acts as a condition to achieve social compromise. The article indicates the danger of excessive legalization of public life and indentification of the living social dialogue. The author gives the grounds of the inadmissibility to mix jurisprudence and philosophy, sociology and other humanities. The applied nature of requires a special understanding of truth in legal science. True laws are the laws that not only meet the generally accepted ideas and principles, but are positively implemented.DOI 10.14258/izvasu(2017)3-03

Kapitalistische Krisen mit und ohne systemischer Herausforderung.

This article draws on Marxist theories of crises, imperialism, and class formation to identify commonalities and differences between the stagnation of the 1930s and today. Its key argument is that the anti-systemic movements that existed in the 1930s and gained ground after the Second World War pushed capitalists to turn from imperialist expansion and rivalry to the deep penetration of domestic markets. By doing so they unleashed strong economic growth that allowed for social compromise without hurting profits. Yet, once labour and other social movements threatened to shift the balance of class power into their favor, capitalist counter-reform began. In its course, global restructuring, and notably the integration of Russia and China into the world market, created space for accumulation. The cause for the current stagnation is that this space has been used up. In the absence of systemic challenges capitalists have little reason to seek a major overhaul of their accumulation strategies that could help to overcome stagnation. Instead they prop up profits at the expense of the subaltern classes even if this prolongs stagnation and leads to sharper social divisions.

Compromiso Social - Ético del Personal Docente desde el Paradigma de la Complejidad

El objetivo de este estudio es comprometer social y éticamente al docente desde la perspectiva de la complejidad en las instituciones educativas. En principio las investigadoras recurren a la revisión bibliográfica enmarcada en las teorías socio-críticas que permean la acción del docente desde su compromiso social con autores como García y Martínez; asimismo cita a Morín y Rodrigo desde la perspectiva ética. Luego realizan el reconocimiento del escenario que les permite la descripción contextual y geográfica donde se encuentra la Escuela Básica Nacional “Héroe Nigale”, de igual manera realizan el acercamiento al contexto donde se ejecutó la investigación y posteriormente se describen aspectos sociopolíticos del municipio Valmore Rodríguez; después se involucra a la comunidad seleccionada en el proceso de investigación, lo que permite recoger información a través de conversaciones y entrevistas con los informantes clave; generando de esta manera espacios para la sensibilización, reflexión y discusión con los actores sociales. Se inserta el paradigma cualitativo, bajo el método investigación-acción participativa IAP según Latorre (2010), aplicando la técnica de la entrevista a los docentes que laboran en la institución. Los resultados de esta investigación develan en los docentes el interés por superar las debilidades existentes en el proceso educativo, de igual manera fortalecer sus prácticas orientada hacia la transformación social, lo que implica ser responsables, equitativos, justos, enfocados a construir ciudadanos capaces de ser, aprehender, vivir y convivir con los otros en una misma sociedad.

Influence and Adaptation: The Schumpeterian Perspective on Business-Politics Relations

This paper introduces Schumpeter’s views on the relationship between business and politics and argues that we can discern a distinct Schumpeterian perspective of business-politics relations. Schumpeter’s views about the pivotal role of entrepreneurs in economic development attracted substantial interest in economic sociology and in political economy. His views about the role of entrepreneurs in politics have so far however hardly been studied. The paper identifies the following four aspects as central to Schumpeter’s perspective of business-politics relations: (a) entrepreneurs and corporations drive economic change, (b) entrepreneurs and corporations are ineffective in defending their political interests and vulnerable to hostile movements, (c) the resulting divergence of the economic and the political impact of entrepreneurs and corporations makes capitalism socio-politically instable, and (d) the relationship of entrepreneurs and corporations to political institutions and public policies is primarily adaptive, rather than causative. The paper proposes a two-dimensional typology of business-politics relations that combines the Schumpeterian focus on adaptation with the Marxian focus on influence. These two dimensions - adaptation and influence - result in four ideal types: business-dominated social compromise, imposed social compromise, business dominance, and political confrontation. Examples from German welfare state history illustrate these four types. The paper suggests that the Schumpeterian and the Marxian perspective, while in contrast to each other, may be complementary and each perspective valid under different socio-political conditions.