Social Law Research Articles

Old age protection and prohibition of the principle of social retrocess

The present academic article is of a qualitative nature, using the bibliographic method, the main objective is to treat the elderly's social security law as a stony clause, which cannot be mitigated in view of the principle of prohibition against social retrogression. Thus, in the search to understand the theme, a bibliographical survey was carried out in books, articles and in the legislation itself to bring legal support to the issue. Thus, the research is divided into three sections, where the first delimits issues referring to social security and the principle of prohibition against social retrocession, the second section addresses the issues pertinent to Constitutional law and stone clauses and finally there is the discussion of reasoned form on the elderly's social security right to be seen as a stone clause based on the Principle of Prohibition Against Social Retrogression.

The Effect of Academic Services on Student Satisfaction Faculty of Social Sciences and Law, Manado State University

Satisfaction refers to the level of feelings after comparing the perceived performance or results within expectations.Higher education leads to a place or forum to produce qualified human resources. The purpose of this study was to determine the extent of the influence of Student Satisfaction on Academic Services at the Faculty of Social and Law Sciences, State University of Manado to improve quality-based service quality. This research was conducted in the even semester, namely in the academic year 2021/2022. The technique of collecting data is using a questionnaire. There has been no research conducted on the effect of academic services on student satisfaction at the Faculty of Social and Law Sciences, State University of Manado, so this research is expected to improve the quality of academic services. Based on the analysis results obtained Ŷ = 3.105 +1.114 x where academic services have a verifiable effect on student satisfaction at the Faculty of Social Sciences and Law, State University of Manado.The results of the correlation show that the value of r = 0.874 proves that the relationship between Academic Services (Variable X) and Student Satisfaction (Variable Y) has a close relationship.

Indian Classical Music Recognition using Deep Convolution Neural Network

A divine approach to communicate feelings about the world occurs through music. There is a huge variety in the language of music. One of the principal variables of Indian social legacy is classical music. Hindustani and Carnatic are the two primary subgenres of Indian classical music. Models have been trained and taught to distinguish between Carnatic and Hindustani songs. This paper presents Indian classical music recognition based on multiple acoustic features (MAF) consisting of various statistical, spectral, and time domain features. The MAF provides the changes in intonation, timbre, prosody and pitch of the musical speech due to different ragas. The lightweight DCNN is used to improve the representation of the raga sound and to provide higher order abstract level features. The overall performance of the raga type is estimated using various performance metrics, including accuracy, precision, recall and F1-score. The proposed DCNN achieves an accuracy, precision, recall, and F1-score of 89.38%, 0.89, 0.89, and 0.89, respectively, for eight raga classifications. The extensive experimentation on eight classical ragas has shown a noteworthy improvement over the traditional state of art.

Indian Classical Music Recognition using Deep Convolution Neural Network

A divine approach to communicate feelings about the world occurs through music. There is a huge variety in the language of music. One of the principal variables of Indian social legacy is classical music. Hindustani and Carnatic are the two primary subgenres of Indian classical music. Models have been trained and taught to distinguish between Carnatic and Hindustani songs. This paper presents Indian classical music recognition based on multiple acoustic features (MAF) consisting of various statistical, spectral, and time domain features. The MAF provides the changes in intonation, timbre, prosody and pitch of the musical speech due to different ragas. The lightweight DCNN is used to improve the representation of the raga sound and to provide higher order abstract level features. The overall performance of the raga type is estimated using various performance metrics, including accuracy, precision, recall and F1-score. The proposed DCNN achieves an accuracy, precision, recall, and F1-score of 89.38%, 0.89, 0.89, and 0.89, respectively, for eight raga classifications. The extensive experimentation on eight classical ragas has shown a noteworthy improvement over the traditional state of art.

EKSPLORASI ETNOMATEMATIKA PADA MONUMEN KEMERDEKAAN DI ALUN-ALUN PROBOLINGGO

Mathematics is the study of interconnected forms, magnitudes, and concepts. The purpose of ethnomathematical exploratory research on the Independence Monument in Probolinggo Square is to explore and understand the relationship between culture and culture in Probolinggo society through analysis of elements in the independence monument, such as design, motifs, and symbolism related to community culture. The approach in this inquire about is subjective, with an accentuation on ethnographic strategies. Whereas the most instrument of this consider is this analyst himself. Besides, information collection in investigate utilizing perception, meet, documentation strategies. The data analysis arrange includes the method of information diminishment, information introduction, and conclusions. Based on the comes about of the examination, it appears a relationship between ethnomathematics and nearby culture. Scientific concepts are not as it were caught on individually but moreover coordinates within the setting of everyday life and social legacy of the individuals of ProbolinggoKeyword: Exploration, Ethnomathematics, Probolinggo Independence Monument

The Philosophical and cultural heritage of E.V. Ilyenkov in the context of the "Theoretical testament" of I.V. Stalin

The subject of the study is the creative, socio-cultural potential of labor, capable of going far beyond the limitations of a market economy, reducing labor to the production of material wealth (goods) and profit. The philosophical and cultural methodology is considered, which makes it possible to include socio-cultural, pedagogical, journalistic professional activities, as well as nepotism and large families in productive work. A prominent representative of this approach is the Russian philosopher E.V. Ilyenkov, who, exploring the methodology of K. Marx's Capital, deduced and successfully applied the principles of dialectical logic to solve the most complex socio-cultural and pedagogical problems, including the full-fledged development of deafblind children. The philosophical and cultural heritage of E.V. Ilyenkov was created not in a vacuum, but in the context of a corresponding trend in Russian philosophy (studies by D.I. Rosenberg, M.M. Rosenthal, A.A. Zinoviev, etc.), correlating with the formulation of the basic economic law of socialism in the work of I.V. Stalin "Economic Problems of Socialism in the USSR". The methodological basis of the research is the principles of dialectical logic developed by E.V. Ilyenkov: analysis of the development and results of the confrontation between market and non-market (post-capitalist) trends in socio-cultural processes and their philosophical understanding. The materials are the works of E.V. Ilyenkov, as well as the works of modern researchers, who sometimes evaluate his works from opposite positions. The scientific novelty of the article lies in the polemic with the interpretations of the theoretical legacy of E.V. Ilyenkov as "philosophical dissidence" in the USSR. On the contrary, the connections of the methodology developed and applied by E.V. Ilyenkov with the formulation of the basic law of socialism by I.V. Stalin and the then "social order" for the study of dialectical logic based on the analysis of K. Marx's "Capital" are established. The developments of E.V. Ilyenkov turned out to be unclaimed for a while; the identified reason is the market neocolonial transformation of the USSR. Socio-cultural development was increasingly hindered through the mass formation of harmonious, comprehensively developed, creative personalities and an increase in the wealth of friendly social relations. Recommendations are formulated on the possible use of the philosophical heritage of E.V. Ilyenkov in modern conditions for methodological support of strengthening the state socio-cultural policy, including in the field of improving support for nepotism and large families, solving the demographic problem.

Postsocialism in International Relations: Method and critique

Abstract While postcolonial approaches to International Relations have offered new concepts, methods, and political imaginaries of global politics, postsocialism has been absent as an analytical and political approach. Postsocialism has been mainly a descriptive term naming the temporal transition of the Second World to liberal democracy and market economy or the geopolitical space of Eastern Europe and the former Soviet Union. Building on literature that has connected postsocialism and postcolonialism analytically and politically, particularly feminist work that has reclaimed postsocialism to understand the global legacies of socialism in the present, this article proposes to unpack dimensions of postsocialism as method and critique. Postsocialism as method attends to how socialist legacies endure and are transformed in the present while holding together contradictions and ambivalences. Postsocialism as critique is oriented to transversal solidarities and the epistemic vocabularies that can undergird these struggles. To trace these dimensions of method and critique, the article is situated empirically within debates about borders and migration. Postsocialism is not intended to replace or displace other critical approaches but to pluralise our vocabularies and multiply political interventions.

A Short Examination of the Measures to Protect a Commercial Building Lessee’s De Facto-Marriage Spouse After His or Her Death

The birthrate in Korea continues to decline. A phenomenon like this can pose a risk to the existence of a state. For this reason, a number of policies are being proposed to increase the birthrate. Among other things, I propose that marriage, including a de facto marriage, should be protected more thoroughly. For it is common to become a couple through marriage and as a result, children are born.
 The Commercial Building Lease Protection Act, as opposed to the Housing Lease Protection Act, has no provision on a de facto-marriage spouse’s succession to right of lease of commercial building. Like the Housing Lease Protection Act, the Commercial Building Lease Protection Act is a social law. Social law means the law in order to protect the socially or economically disadvantaged, the state intervenes in the relation between individuals which falls under the domain of private law. If it is the only means of living to make a living by running a small store, the death of the commercial building lessee puts his or her de facto-marriage spouse at risk of livelihood. Of course, a fundamental solution to this problem is to put provisions such as provisions of the Housing Lease Protection Act in the Commercial Building Lease Protection Act.
 By the way, until the Commercial Building Lease Protection Act is supplemented, as a second-best solution, this legislative gap in the Commercial Building Lease Protection Act should be filled with the interpretation of the inheritance system in the Civil Act, the system of apportionment for person having special connection in the Civil Act, etc.
 In particular, I’d maintain that the commercial building lessee’s de facto-marriage spouse has a right to inheritance. Even if the commercial building lessee died, his or her de facto-marriage spouse can file a lawsuit to confirm the existence of the de facto marriage concerned because there is standing. Only if the court decision to confirm the existence of de facto marriage becomes final and conclusive, the de facto marriage turns into a legal marriage under customary law retroactively when there was a substance of marriage which can objectively be recognized as a marital cohabitation. A spouse stipulated in Article 1003 of the Civil Act refers to a legal-marriage spouse. A legal marriage includes not only a legal marriage under statutory law but also a legal marriage under customary law. As a result, the commercial building lessee’s spouse has a right to inheritance.

Caring, law, and solidarity—on the need for reorientation

Abstract What significance does care have in law? How is solidarity understood in the relationship between individuals, society, and the state, and what needs to be changed? How should the welfare state promote care and caring relationships by granting solidary forms of support and enabling beyond the already existing but insufficient rights and services? These questions guide the analysis; German law and EU law are important points of reference, but the general argument transcends national borders and jurisdictions. It results that solidarities are ambivalent, the recognition of care-related rights and provision of care services and infrastructures is insufficient. There is a need for care policies based on solidarity. Although there are numerous fragmented regulations in family, labour and social law with regard to care and care needs, these are often inadequate. Coherent and solidarity-based care policies, such as those developed by some countries and international organizations, can serve as a stimulus and inspiration for social and legal policies in Germany and elsewhere. Although the contents of solidarity as a legal principle is rather indeterminate and open to the discretion of the state, solidarity can be an important part of the argument, because the social support and organization of care is in the interest of society and of all those who need or provide care and contribute to the public good.

The Effectiveness of Therapy Based on Acceptance and Commitment regarding Reducing Hopelessness and Anxiety of Working Children in Yazd city

Introduction: The phenomenon of working and street children is one of the problems that plagues most big cities. Working children means children and teenagers who, according to social laws, under the age of 18 engage in activities to earn money. The purpose of this research is to investigate the effectiveness of treatment based on acceptance and commitment regarding reducing hopelessness and anxiety of working children in Yazd City.
 Method: The method of the current research was semi-experimental, and its design was pre-test-post-test with a control group and a four-week follow-up. The statistical population included working children in the age group of 8 to 12 who were covered by the welfare management of Yazd city in the spring of 2019. The study sample included 30 working children who were placed randomly in 2 control and experimental groups using convenience sampling. Data collection tools included Kazdin's Children’s Hopelessness Scale and Spence's Children’s Anxiety Scale. The experimental group received 8 one and half an hour sessions of treatment based on commitment and acceptance, but the control group was placed on the waiting list. Data analysis was done using analysis of covariance test and SPSS software.
 Results: The results of the present study, according to the analysis of covariance, showed that the treatment based on acceptance and commitment significantly reduced the level of frustration and anxiety in working children (p<0/05).
 Conclusion: Based on the findings, it can be concluded that the treatment based on commitment and acceptance has been able to reduce hopelessness and anxiety of working children. It is suggested to organize psychological interventions and trainings with the help of relevant organizations in order to improve working children’s mental health and reduce their anxiety and frustration.

Social insurance contribution and firms’ digital transformation: Evidence from China

ABSTRACT We examine the relationship between social insurance contribution and firms’ digital transformation by using the data of Chinese firms listed in the Shanghai Stock Exchange (SHSE) and the Shenzhen Stock Exchange (SZSE) from 2007 to 2017. We find that social insurance contribution has increased the degree of firms’ digitalization transformation. We also explore two important mechanisms through which the Social Insurance Law (SIL) affects firms’ digital transformation: cash flow effect and factor substitution effect. The results indicate that the positive impact of the social insurance contribution on firms’ digitalization is more significant for firms that are not state-owned, have smaller sizes, labour intensive, with low tax burden, low financial leverage, and low productivity. One important implication of our study is that firms’ digitalization can be a strategic choice made by labour-intensive firms to overcome rising cost of labour as a result of the SIL.

Novel company law forms for social change: The development of tailor-made legislation for social enterprises in the Netherlands

The impact case enhances the understanding of socio-legal research that contemplates the development of novel legal company forms which serve the well-being of humans and nature equally. Introducing novel company law forms for social change regards research in the field of social entrepreneurship and law, such as the development of tailor-made legislation for social enterprises in the Netherlands. Current legal forms for companies in the Netherlands do not support types of social entrepreneurial activity. Our research influenced directly the regulatory-making process of the novel forthcoming company law entity named the Besloten Vennootschap maatschappelijk (BVm), i.e., the private limited company with societal purpose which is about to be introduced in the Dutch company legislation. Particularly, our research team: (i) formulated key indicators for the BVm, which were accepted by the government in 2020 and will form the basis for new legislation which is currently being drafted; (ii) generated multiple academic studies, publications, seminars and conferences, as well as a PhD dissertation about the topic; (iii) supported many social enterprises in finding suitable legal forms (through educational programs, network sessions and collaboration with company and tax law experts).

Legal Protection of Migrant Workers in the Agricultural Sector in Light of Jordanian Legislation and International Labor Standards

This study aims to examine the adequate application of rights and protections granted to migrant workers under Jordanian labor law and social security law in agricultural Sector. The author analyzed the applicable laws, regulations, and relevant literature related to migrant workers in Jordan, including various relevant legislations, court decisions, and legal precedents. Through critical analysis and comparison of various data from these secondary data sources, this work will identify the problems associated with this legislation and consequently provide different recommendations and conclusions. Contradictions between labor law and social security law, as well as the feasibility of implementation and enforcement, lead to a significant gap in the protection of migrant workers in the agricultural sector. The author calls for a more cautious approach and argues for the necessity of respecting the principles that necessitate workers' rights. This study focused on the rights of migrant workers in the agricultural sector, deriving its authenticity and value from being the first and most recent work exploring this issue in light of recent amendments to labor law, social security law, and related legislations.

When Socialist Legacy Meets International Norms: Gender Quota Adoption and Institutional Change in China

ABSTRACT Gender quotas have a long history in China, with the earliest gender quota introduced in 1933 in the Chinese Communist Party’s (CCP) border regions. Yet, research on China’s gender quotas has been scarce. This study addresses the gap by examining the process of gender quota adoption in China’s subnational Party-States and the People’s Congresses. Using an institutional approach, we argue that quota adoption in China was a process of ‘institutional layering’ that lasted from the late 1980s to the 2010s. During this process, domestic actors contested the CCP’s existing personnel rules and strategically exploited the CCP’s ideological commitment to gender equity and its need for an improved international image during the second wave of global gender quota adoption. Two changes have happened during the ‘layering’ process: the slow diversification of domestic actors, including both state and non-state ones, and the shifting of the actors’ working strategy from an informal and network-based approach to an institutionalized one that operated through formal channels. In so doing, this article expands the comparative literature on gender quotas, which has been preoccupied with quotas in elected parliaments, and enriches our understanding of Chinese politics.

К вопросу о предмете права социального обеспечения

It is noted that Russia, being a social state, guarantees a decent standard of living for a person and the free development of the individual. It is indicated that social security is divided into state and non-state social security systems. It is noted that traditionally the subject of social security law includes only social relations arising in the state social security system. An example is given when none of the parties to the social security relationship is a public agent - a government body, a local government body, a state or municipal institution, etc. Cases are highlighted when the subject of social security law includes social relations that are fully remunerative for the authorized person. It is indicated that one of the defining principles of social security law should be ensuring a decent standard of living for citizens. The ways in which the Russian state is trying to resolve the crisis of the social security system are analyzed. The need is established to include the non-state social security system in the system of social security law. There is a close relationship between social security law and such private-public branch of law as labor law. It is indicated that in economically developed countries, social support measures have long been of a mixed public-private nature. The difficulties of using foreign experience in the legal regulation of social security relations are noted. The reasons why the Russian state periodically carries out pension reforms are indicated. The conclusion is substantiated that in order to level out crisis phenomena in the social security system, a comprehensive solution to the socio-economic problems of the domestic state and society is necessary, including private legal regulation of social relations that constitute the subject of social security law.

Social insurance law and firm markup in China

As labor protection policies become widespread globally, assessing the economic impact of these policies is critical to business decision-making. However, the relationship between labor cost and enterprise markup has not been confirmed in the existing literature. Based on China's Social Insurance Law, we examine the issue by using a difference-in-differences model and the data from Chinese listed firms. We find that after the implementation of the Social Insurance Law, the markups of labor-intensive firms were significantly reduced compared with non-labor-intensive ones. The main mechanism driving the markup decline is the price effect caused by market share competition. Further tests suggest that the adverse influence is greater for firms with fewer financing constraints, enterprises in highly marketized areas, and nonstate-owned ones. Our research shows that the mechanism of labor protection policies' impact on markup should not only analyze the factor market but also extend to the product market.

Unjustified enrichment and restitution in social security legal relations

The article is devoted to the consideration of the grounds and prospects for the use of the mechanism of restitution in the law of social security. The authors argue that the industry has developed a need for a legal structure regulating cases of unjustified or excessive provision of social security to citizens. This thesis is illustrated by an analysis of current regulatory legal acts and emerging judicial practice. In resolving disputes of the category considered in the article, the courts took the path of borrowing a private law mechanism of restitution, which is generally supported by the authors. At the same time, the article focuses on the need to comply with the rules developed by science for borrowing private law structures by social security law, including ensuring the sectoral adaptation of the implemented legal instrument. In this regard, the authors draw attention to the position of the Constitutional Court of the Russian Federation, formulated in Resolution of 14.01.2016 no. 1-P. In the work, this position of the Constitutional Court of the Russian Federation is regarded as focusing on a specific industry adaptation of the borrowed legal structure of restitution for the purposes of social security law. The authors emphasize that when the parties to the social security legal relationship return to the state preceding the violation of the law, it is necessary to formalize the distribution of the burden of adverse consequences of the error of the authorized body on the basis of the general legal principle of justice, excluding a formal approach to resolving the legal situation. This involves taking into account the specifics of the life situation in which the citizen is, the duration of the period during which he received the social payment assigned by mistake, as well as other significant circumstances.

Robot Insurgency: Socialist Legacy and Protest Geography in China

Robot Insurgency: Socialist Legacy and Protest Geography in China

One the development of a professional mandate by social workers in medical rehabilitation- key results from the SWIMMER Project.

Social work in the German rehabilitation sector is practiced with great variation and its interventions lack research evidence. The SWIMMER project aims to develop a program theory of social work in rehabilitation to explain this variation and to discuss possible conditions. The dealing with ethical dilemmas by social workers is one possible influence and the focus of this paper. The social workers' practice was analyzed using the triple mandate, a German-Swiss concept that describes three possible, sometimes simultaneous directives without a concrete call to action from society, the client or the profession. This qualitative, case-comparative research project collected data from interviews with social workers and managers, participant observation and counseling sessions in ten German rehabilitation facilities. Social workers were confronted with all three mandates. They prioritized either the societal mandate or the client mandate. A consequence for social work practice was the limitation of options under social law (mandate by society). Social workers relied on their professional experience to reflect on the mandates. They used a variety of strategies when faced with conflicting mandates. The research project has succeeded in systematizing the orientations of social workers in goal conflicts. Further investigation on this topic on a broader basis would be beneficial.

Exploring the impact of social capital, institutional quality and political stability on environmental sustainability: New insights from NARDL-PMG

The social aspect of sustainable development is often considered the least strong component, particularly in terms of its analytical and theoretical foundations. Although there has been a recent increase in focus on social sustainability, the relationship between the environmental aspect and social capital is still not well understood. This research seeks to explore initial concepts on frameworks for analyzing the interface between environmental and social capital. However, to demonstrated the core connection of social capital, institutional quality, income and renewable energy consumption with sustainability level (CO2 emissions) in the BRICS economies from 1996 to 2021. Specifically, this study uses advanced techniques such as Non-ARDL, Pooled Mean Group, the Augmented Mean Group and Common Correlated Effect Mean Group. However, under the linear outcomes, social capital, law & order, government stability, political stability and income decline the emissions levels. However, renewable energy consumption shows the positive association with rising emissions in BRICS countries. Interestingly, under the non-linear form, study outcomes describe social capital, and law & order contribute to environmental quality, while government & political stability spur the level of emissions in the long-run. Also, this study provides some core implications to meet the desired sustainability level.