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Syaman Rapongan's 'The mythology of Badai Bay': A symbolic father's legacy
In: East Asian journal of popular culture, Band 7, Heft 2, S. 189-205
ISSN: 2051-7092
Syaman Rapongan (1957–present) is a Tao Indigenous author from the Orchid Island (Taiwan) and Badaiwan de shenhua, a collection of his tribe's myths, was his first publication. In its introduction, he explains how these myths' intrinsic value system allows him to face the difficulties of our modernized and globalized society, where individuals often lose their sense of belonging and life's meaning. The Lacanian psychoanalyst Massimo Recalcati traces this lack of meaning back to a loss of the 'symbolic father', who once provided the individual with both the interdicting function of a symbolic law and the recognition – thus, the word – to participate and speak in society. After a few years in Taiwan, where he studied and worked until the 1980s, Syaman Rapongan returned to Orchid Island and rediscovered this sense of belonging by re-appropriating Tao legends, rituals, productive skills, thus receiving his own father and the other tribe members' recognition. The father figure as the storyteller par excellence passing on that symbolic word is the giver of Badaiwan de shenhua. Moreover, father-like characters and father-related emblematic images (e.g. the house), significantly recur both in these myths and in several subsequent stories. Taking advantage of Recalcati's reflection, this article integrates an ecocritical approach to Syaman Rapongan's literature by interpreting its recovery of the Indigenous paradigm as a recovery of the symbolic father. Through the analysis of examples from Badaiwan de shenhua and other stories, it demonstrates how the cosmopolitan value of his narrative does not reside so much in the revival of an ante-litteram 'ecological' lifestyle, but in its sine qua non, or the recovery of the 'symbolic father'.
Some Preliminary Remarks on the Limitations of European Competition Law
In: European Review of Private Law, Band 8, Heft 1, S. 173-185
ISSN: 0928-9801
The article analyses the possible limits of negative integration on the basis of the competition law of the European Community. In contrast to the fundamental freedoms of the Community, its competition law is not subject to any explicit exceptions or limitations (apart from the possibility of an exemption under Art. 81 (3) EC). That is problematic, because in competition law just as with the fundamental freedoms issues of competence must be taken into account. An appropriate relationship between supranationality (internal market, market opening) and conflicting national requirements and competences must be taken into account in the determination of the scope and limits of the Community law prohibition of anti-competitive agreements. While the Member States, because of the increased sensitivity of the European Court of Justice in relation to the fundamental freedoms, have won back some national room for manoeuvre, such a tendency towards flexibility is less apparent in the case law of the European Court of Justice on competition law. Such indications as exist are apt to be characterised and developed as a European rule of reason. Considerably more thorough-going are comments in the legal literature that directly challenge the principle of the priority of Community law and in the case of so called indirect or diagonal conflicts argue that supremacy should be treated as an "optimisation principle" according to the principle of "practical concordance". In contrast, it is suggested here that the principle of "practical concordance" should only be applied to the (growing) number of horizontal conflicts between European competition law and the other policies of the Community. For diagonal conflicts between Community competition law and other policies of national law it seems appropriate to read across the limitations inherent in the Cassis- jurisprudence of the European Court of Justice to Arts. 81 I and 82. This contribution does not include any consideration of the procedural aspects of competition law or of the ideas for reform discussed by the Commission in its White Paper of May 1999 on modernising the application of the provisions of competition law.
Der 'Binnenmarkt für Juristenausbildung': Europäische Impulse für Forschung und Lehre
In: European Review of Private Law, Band 6, Heft 1, S. 1-22
ISSN: 0928-9801
It is not just the internal market for goods and services that is becoming a reality in Europe now, but increasingly also an 'internal market for legal education'. By reference to the example of the system of legal education in Germany, the European desiderata and requirements are established. These are then compared with the actual situation in relation to legal training in Germany, and in particular by reference to the law faculties and from the perspective of both foreign and domestic students. Building on this, various considerations are highlighted. Teaching (teaching organisation personnel and methods) and research (scientific debate) must be 'Europeanised'. The law faculties must be much more outward looking; European networks and collaborative enterprises in research and teaching must be pursued. Faculties must also give better advice about their individual strengths (information and transparency). A Europeanisation of legal education actually offers considerable opportunities for niche marketing.
Wirtschaftsrecht - Europäisches Gesellschaftsrecht - Eine Zwischenbilanz
In: Deutsches Steuerrecht: DStR ; Wochenschrift & umfassende Datenbank für Steuerberater ; Steuerrecht, Wirtschaftsrecht, Betriebswirtschaft, Beruf ; Organ der Bundessteuerberaterkammer, Band 35, Heft 22-23, S. 874-878
ISSN: 0949-7676, 0012-1347
Steuerung durch Recht - oder: mehr Mut zur Normierung im Umwelt- und Technikrecht
In: Zeitschrift für Rechtspolitik: ZRP, Band 28, Heft 2, S. 63-68
ISSN: 0514-6496
Politische Steuerung erfolgt - neben anderen Steuerungsmitteln - durch Recht. Dabei ist die Gesetzgebung nicht das einzige Instrument des Staates, um das Verhalten der Bürger zu beeinflussen bzw. zu steuern. Die Steuerungswirkung generell-abstrakter Normierungen (Gesetze) wird vielmehr durch andere Staatsfunktionen, wie Regierung, Haushaltsfestsetzungen, administrative Planung, besonders aber durch die Rechtsanwendung ergänzt und korrigiert. Während die sechziger und siebziger Jahre durch Steuerungsoptimismus und Planbarkeitseuphorie gekennzeichnet waren, ist heute in der vielbeschworenen postmodernen Gesellschaft ein vor allem systemtheoretisch gestützter Steuerungspessimismus zu beobachten. Die Diskussion verläuft dabei zwischen der Notwendigkeit und Möglichkeit marktmäßiger Steuerung gesamtökonomischer Entwicklungen, die insbesondere die Ökonomische Analyse des Rechts aufzeigt, einerseits und dem Steuerungsskeptizismus der funktionalen Systemtheorie andererseits. (Zeitschrift f. Rechtspolitik / AuD)
World Affairs Online
Doors to hidden worlds: the power of visualization in science, media, and art
In: Edition Angewandte
Europäischer Film. Definitionen einer Vision
In: EU-Magazin: Wirtschaft und Politik in der Europäischen Union, Heft 9, S. 50-51
ISSN: 0946-4689
A STUDY OF THE DETERMINANTS OF THE LEVEL OF REGULATORY COMPLIANCE OF INDIAN NON-LIFE INSURERS
Compliance with the law framed by the Insurance Regulatory and Development Authority of India is necessary to ensure an orderly conduct of insurance business within the country, alongwith, protection of the interests of the policyholder. But inspite of warnings issued and action taken by the Regulator, many cases of non compliance have been observed by non-life insurers. As such cases of non-compliance defeat the real purpose of regulation and prevent in achieving the desired goals of transparency, solvency and protection, the study attempts to analyse the factors that determine the level of regulatory compliance of Indian non-life insurers. The sample for the study includes all the 28 non life insurers operating in the country. Using multi regression model, the study measured the influence of company size, return on assets, solvency and liquidity on the compliance level of Indian non-life insurers for a period of 11 years from 2005-06 to 2015-16. The results showed that while solvency and return on assets had no influence on compliance level, company size and liquidity had a negative influence on the compliance level of Indian non life insurance companies.
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The Erasmus programme for postgraduate education in orthodontics in Europe: an update of the guidelines
In 1989, the ERASMUS Bureau of the European Cultural Foundation of the Commission of the European Communities funded the development of a new 3-year curriculum for postgraduate education in orthodontics. The new curriculum was created by directors for orthodontic education representing 15 European countries. The curriculum entitled 'Three years Postgraduate Programme in Orthodontics: the Final Report of the Erasmus Project' was published 1992. In 2012, the 'Network of Erasmus Based European Orthodontic Programmes' developed and approved an updated version of the guidelines. The core programme consists of eight sections: general biological and medical subjects; basic orthodontic subjects; general orthodontic subjects; orthodontic techniques; interdisciplinary subjects; management of health and safety; practice management, administration, and ethics; extramural educational activities. The programme goals and objectives are described and the competencies to be reached are outlined. These guidelines may serve as a baseline for programme development and quality assessment for postgraduate programme directors, national associations, and governmental bodies and could assist future residents when selecting a postgraduate programme.
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The Erasmus programme for postgraduate education in orthodontics in Europe:an update of the guidelines
In: Huggare , J , Derringer , K A , Eliades , T , Filleul , M P , Kiliaridis , S , Kuijpers-Jagtman , A , Martina , R , Pirttiniemi , P , Ruf , S & Schwestka-Polly , R 2014 , ' The Erasmus programme for postgraduate education in orthodontics in Europe : an update of the guidelines ' European Journal of Orthodontics , vol 36 , no. 3 , pp. 340-349 . DOI:10.1093/ejo/cjt059
In 1989, the ERASMUS Bureau of the European Cultural Foundation of the Commission of the European Communities funded the development of a new 3-year curriculum for postgraduate education in orthodontics. The new curriculum was created by directors for orthodontic education representing 15 European countries. The curriculum entitled 'Three years Postgraduate Programme in Orthodontics: the Final Report of the Erasmus Project' was published 1992. In 2012, the 'Network of Erasmus Based European Orthodontic Programmes' developed and approved an updated version of the guidelines. The core programme consists of eight sections: general biological and medical subjects; basic orthodontic subjects; general orthodontic subjects; orthodontic techniques; interdisciplinary subjects; management of health and safety; practice management, administration, and ethics; extramural educational activities. The programme goals and objectives are described and the competencies to be reached are outlined. These guidelines may serve as a baseline for programme development and quality assessment for postgraduate programme directors, national associations, and governmental bodies and could assist future residents when selecting a postgraduate programme.
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