Suchergebnisse

War is a situation in which the normal rules of civilised behaviour have broken down. The idea of upholding human rights within such a context is considered by many to be a little strange. However, warfare has always been one of the most rule-bound activities that mankind conducts. This paper explores some of the reasoning behind this apparent paradox, using the Just War Theory as a framework within which to explore the relationship between ethics, war and human rights and the way they interact in the contemporary military environment.

Рассматриваются вопросы толкования трудового законодательства с учетом герменевтики. За основу взяты разработанные в XIX в. немецким философом Ф. Шлейермахером правила толкования текстов. Их применение в юриспруденции показано на примере отдельных судебных решений по трудовым спорам. ; The given text covers the information concerning to interpretation of labor legislation subject to hermeneutics. The article is based on the text interpretation rules developed by German philosopher Friedrich Schleiermacher in the first half of the 19th century. In terms of particular judicial decisions on labor disputes is shown application of the rules in jurisprudence.

AbstractThis article puts forward an analytical canvas for studying the effects of a divide between normality and exception in the institutionalization of power-attributing rules. The question is raised through the study of the coordination of institutional agents around issues pertaining to the specification of exceptions. The initial canvas is enriched by the re-examination of examples taken in the field of the legitimate intervention of the State against the backdrop of uncertainties about the meaning of European rules which are central to the policy of competition.

The paper discusses the implications of optimal tax theory for the debates on uniform commodity taxation and neutral capital income taxation. While strong administrative and political economy arguments in favor of uniform and neutral taxation remain, recent advances in optimal tax theory suggest that the information needed to implement the differentiated taxation prescribed by optimal tax theory may be easier to obtain than previously believed. The paper also points to the strong similarity between optimal commodity tax rules and the rules for optimal source-based capital income taxation.

Accessing legal information is a primary requirement for a variety of communities: ordinary citizens, scholars, and professionals. The dissemination of legal information contributes to the rule of law and to the overall ideals of democracy in a number of ways. Many are the benefits of accessing legal information, such as the awareness of the applicable rule of law, the creation of conditions necessary to the equality and fairness of a legal system, while improving the functioning of democratic institutions, the development and improvement of social and economic conditions.

The paper discusses the implications of optimal tax theory for the debates on uniform commodity taxation and neutral capital income taxation. While strong administrative and political economy arguments in favor of uniform and neutral taxation remain, recent advances in optimal tax theory suggest that the information needed to implement the differentiated taxation prescribed by optimal tax theory may be easier to obtain than previously believed. The paper also points to the strong similarity between optimal commodity tax rules and the rules for optimal source-based capital income taxation

The democratic "Rechtsstaat" (rule of law) never featured as a gender-neutral mode of limitation & legitimization of rule & power. Its preconditions & consequences were just as engendered as de-engendered (or vice versa). The liberal "Rechtsstaat" also acted as a social & engendered formal principle. Along with the social "Rechtsstaat" women gained realistic or materialistic chances of equality, which, however, stopped short once again with the neoliberal turn of events. Under circumstances of neoliberal globalization new doctrines of "Rechtsstaat" are developing. 19 References. Adapted from the source document.

Examines institutional barriers to voter turnout in US elections & whether reform of institutional elements, legal rules, & voting facilities could impact voter participation. Factors in the vote decision include electoral costs, choices, & decisiveness. The impact of political institutions on voter turnout is surveyed through an analysis across many countries of the ratio of turnout to voting age population. The impacts of legal rules & voting facilities, including registration processes & polling facilities, are discussed. The basic institutional components of the US are deemed to lower voter participation. 1 Table. L. Collins Leigh

This article seeks to ground financial regulatory choices in domestic politics. Based on evidence from twenty-two industrialized countries, we argue that electoral rules—specifically, the extent to which they are centrifugal or centripetal—have a significant effect on whether the banks or their consumers pay for the security of the banking system. Moreover, despite the homogenizing effects of global financial integration, the political dynamics generated by these electoral rules continue to shape the nature and extent of prudential regulations that countries adopt in the place of banking cartels.

During the Zedillo administration, the PRD experienced two fundamental changes: it turned its confrontational strategy into one of limited cooperation in negotiating the rules of electoral competition, & in 1997 it became the governing party in several Mexican states. These changes resulted in a greater degree of institutionalization. However, throughout this period informal practices & the application of formal rules within the party were constantly at odds. The author examines this situation from the perspective of the institutionalization of political organizations. 4 Tables, 2 Graphs, 34 References. Adapted from the source document.

The social conflicts present at the time of the French Revolution (1789-1799) have not totally disappeared, so the political theory of that time, exemplified by Edmund Burke, Benjamin Constant, Joseph de Maistre, & Alexis De Tocqueville is still relevant. The history of the French Revolution & contributions of these scholars are reviewed. Burke was considered a reactionary & a defender of the status quo, while Maistre was a fervent believer in the monarchy. Both Constant & Tocqueville proposed laws that would counterbalance despotism by a single ruler or majority rule. 18 References. M. Pflum

This article examines the transformation of property rights over fishery resources in Longlake, China, where a gradual evolutionary process from a common property regime to a state property regime occurred between the late 1970s and the late 1980s. It explores the active role played by economic actors as well as the underlying economic, political, and sociocultural forces in transforming both formal and informal property rules. Stressing the different ways formal and informal property rules change, this article contributes to our understanding of property rights transformation and institutional change in general.