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Journal articles on the topic 'Pluralismo commerciale'
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Airola, Jorge Magasich. "The Chilean international politics of the Popular Unity (Unidad Popular) government 1970–1973: An attempt at pluralism in international relationships." Regions and Cohesions 5, no. 1 (March 1, 2015): 54–70. http://dx.doi.org/10.3167/reco.2015.050103.
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The government of Salvador Allende a empted to replace the traditional Chilean foreign policy of alignment with one of the blocks of the Cold War and its “ideological borders,” with a new international policy of “ideological pluralism,” aiming to establish new commercial and diplomatic relations between different countries, regardless of their national political regimes. This policy involved the defense of the principles and objectives of the so-called Third World, which included proposals to: reform the international financial order; promote Latin American integration, especially of the Andean countries; improve Chile's relationship with three neighboring countries and negotiate border disputes; and create a judicial entity to face hostility from the U.S. government. The development of this new foreign policy was interrupted by the coup d'état. Nevertheless, four decades later, it gained importance, and this policy became a reference for many Latin American governments. Spanish El gobierno de Salvador Allende intentó reemplazar la tradicional política exterior chilena de alineamiento con uno de los bloques de la Guerra Fría y sus “fronteras ideológicas”, por una nueva política internacional de “pluralismo ideológico”, lo que significa establecer relaciones diplomáticas y comerciales con todos los países del mundo, independientemente del régimen interno que los rija. Tal política implica la defensa de los principios y objetivos del entonces llamado “Tercer Mundo”, la cual incluye proposiciones para reformar el orden financiero internacional; la promoción de la integración latinoamericana, particularmente la de los países andinos; relaciones cuidadosas con tres vecinos negociando los litigios fronterizos; y la búsqueda de una instancia jurídica para afrontar la hostilidad del gobierno estadounidense. Pese a que la mayor parte de esta nueva política internacional quedó sólo en sus inicios pues fue interrumpida por el golpe de Estado, cuatro décadas más tarde ha cobrado actualidad, transformándose en una referencia para varios gobiernos de la región. French Le gouvernement de Salvador Allende a essayé de remplacer l'alignement traditionnel de la politique étrangère du Chili avec l'un des blocs de la guerre froide et de ses «frontières idéologiques», par une nouvelle politique internationale du «pluralisme idéologique». Autrement dit, établir des relations diplomatiques et commerciales avec tous les pays, indépendamment de leurs régimes politiques propres. Une telle politique impliquait la défense des principes et objectifs de ce qu'on appelait alors «Tiers Monde», qui comprend des propositions visant à réformer l'ordre financier international; la promotion de l'intégration latino-américaine, en particulier celle des pays andins ; l'entretien des relations chaleureuses avec ses trois voisins concernant la négociation des différends frontaliers; et l'instauration d'une instance juridique destinée à faire face à l'hostilité du gouvernement des Etats-Unis. Bien que l'essentiel de cette nouvelle politique étrangère fût esseulée à ses débuts puis interrompue par un coup d'Etat, quatre décennies plus tard elle est devenue d'actualité, tout en s'imposant comme une référence pour de nombreux gouvernements de la région.
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Oman, Nathan B. "Commerce, Religion, and the Rule of Law." Journal of Law, Religion and State 6, no. 2-3 (May 18, 2018): 213–35. http://dx.doi.org/10.1163/22124810-00602004.
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The rule of law and religion can act as commercial substitutes. Both can create the trust required for material prosperity. The rule of law simplifies social interactions, turning people into formal legal agents and generating a map of society that the state can observe and control, thus credibly committing to the enforcement of the legal rights demanded by impersonal markets. Religion, in contrast, embraces complex social identities. Within these communities, economic actors can monitor and sanction misbehavior. Both approaches have benefits and problems. The rule of law allows for trade among strangers, fostering peaceful pluralism. However, law breeds what Montesquieu called “a certain feeling for exact justice” that crowds out deeper forms of relation. Religious commerce fosters precisely such communities. Religious commerce, however, does not create bridges between strangers as effectively as the formal rule of law. Furthermore, the state tends to be suspicious of tight religious communities, particularly when they are commercially successful.
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Ubaidillah, Ubaidillah, Ening Herniti, and Aning Ayu Kusumawati. "Pencitraan Perempuan Islami dalam Iklan Komersial (Analisis Semiotika)." Musãwa Jurnal Studi Gender dan Islam 16, no. 1 (April 23, 2018): 1. http://dx.doi.org/10.14421/musawa.2017.161.1-17.
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Women in commercial advertising is needed to strengthen the marketability of a product. Therefore, created an imaging. Imaging Islamic women looks at some of the products Wardah, Citra, and Sunsilk shampoo. This paper describes the interpretation of the iconic, meaning indeksional, and symbols in commercial advertisements. The data were taken form youtube, documented by data transcription, and then analyzed by using theory semiotics Charles Sanders Peirce. The conclusion of this study shows that the Islamic women imaged by Wardah, Citra, and Sunsilk in iconic interpretation is (1) an egalitarian, (2) care, (3) non-discriminatory, (4) sportsmanship, and (3) always grateful. Women islami within the meaning indeksional are (1) more confident, (2) always happy, (3) to inspire, (4) are free to move, (5) clean inwardly and outwardly, (6) reach freedom without violating limits, (7 ) hospitable, (8) has appeal, and (9) have a sense of comfort. Meanwhile, women's Islamic imaged in symbolic meaning is (1) Islamic, both verbal and nonverbal, (2) class high social, (3) a humanist, (4) domiciled equivalent, (5) maintain pluralism, (6) a valuable, and (7) white shine.[Wanita dalam iklan komersial sanagt penting untuk memperkuat pasar suatu produk. Untuk itu, menciptakan cit- ra perempuan dalam suatu produk menjadi signifikan. Citra wanita Islam bisa dilihat pada produk sampo Ward- ah, Citra, dan Sunsilk. Artikel ini menjelaskan interpretasi dari makna ikonik,indeks dan simbolik dalam iklan komersial tersebut. Data diambil dari youtube, ditranskripsikan dan kemudian dianalisis dengan menggunakan teori semiotika Charles Sanders Peirce. Kesimpulan menunjukkan bahwa citra wanita Islam di iklan tersebut dalam penafsiran ikonik adalah (1) egaliter, (2) perhatian, (3) tidak diskriminatif, (4) sportif, dan (5) selalu bersyukur. Sedangkan dalam makna indeks, citra wanita islami digambarkan (1) lebih percaya diri, (2) selalu bahagia, (3) menginspirasi, (4) bebas bergerak, (5) bersih luar dalam, (6) mencapai kebebasan, (7) ramah tamah (8) memiliki daya tarik seksual, dan (9) memiliki rasa nyaman. Sementara itu, citra wanita islami dalam arti simbolis adalah (1) Islami, baik verbal maupun nonverbal, (2) kelas sosial yang tinggi, (3) humanis, (4) berkedudukan setara, (5) menjaga pluralisme, (6) bernilai dan (7) putih bersinar.]
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Calliess, Gralf-Peter, and Insa Buchmann. "Global commercial law between unity, pluralism, and competition: the case of the CISG." Uniform Law Review - Revue de droit uniforme 21, no. 1 (February 19, 2016): 1–22. http://dx.doi.org/10.1093/ulr/unw002.
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Bider, Marcin, and Roberto Interlandi. "MORALITY AS A CRITERION FOR A CLAUSE OF GOOD PRACTICES IN THE LIGHT OF SELECTED ACTS OF POLISH COMMERCIAL LAW." Zeszyty Naukowe Uniwersytetu Przyrodniczo-Humanistycznego w Siedlcach. Seria: Administracja i Zarządzanie 50, no. 50 (April 9, 2020): 73–80. http://dx.doi.org/10.34739/zn.2019.50.09.
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This article employing historical-legal methods presents the relationship between an extra-legal axiology and the norms of commercial law. The standard of morality is presented among several criteria of the good practices clause. Axiological pluralism demands that the criterion of morality be recognized in the light of constitutional values. Freedom of economic trade is a basic value that can only be restricted by law. At the same time, legal norms require justification through the system of moral norms. Non-legal norms incorporated into the system of commercial law make trade more flexible and allow a judge to resolve conflicts in economic trade.
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Kuprešanin Vukelić, Anđela. "Democratization and Advancement of Media Pluralism in Bosnia and Herzegovina Obstructive Mechanisms in Media." Društvene i humanističke studije (Online) 7, no. 2(19) (May 20, 2022): 749–68. http://dx.doi.org/10.51558/2490-3647.2022.7.2.749.
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The establishment and development of media pluralism is an important prerequisite for the democratization of media systems. Exposure of the media to various aspects of instrumentalization significantly limits the process of its democratization, which results in the media being inadequately differentiated, politically polarised, and commercially instrumentalized, thus narrowing the space for media organizations to act in a professional and free manner, based on public interest. The aforementioned trends point to the dominant presence and agency of obstructive mechanisms within the process of media and media systems democratization and establishment of media pluralism. Concerning the aforementioned, the paper presents mechanisms or patterns of agency that primarily obstruct the development of internal media pluralism in the media market of Bosnia and Herzegovina. Internal pluralism is especially significant for the process of successful media democratization since it is a common case that external pluralism merely serves the purpose of providing a formal cover for meeting criteria as regards plurality of media companies and their respective editorial policies. To this end, the paper identifies critical issues in media practice and journalism as a profession in Bosnia and Herzegovina, featuring them as primary aspects within the context of effective democratization and orientation towards the successful establishment of differentiation of media content at the level of individual media organizations. The level of criticality of various aspects of the media is examined from the perspective of both journalists and editors employed with respective media organizations in Bosnia and Herzegovina, as well as of media managers in this media market.
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Velkers, F. C., A. J. H. te Loo, F. Madin, and J. H. H. van Eck. "Isopathic and pluralist homeopathic treatment of commercial broilers with experimentally induced colibacillosis." Research in Veterinary Science 78, no. 1 (February 2005): 77–83. http://dx.doi.org/10.1016/j.rvsc.2004.06.005.
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Flew, Terry. "From ‘Taste and Standards’ to Structural Pluralism: Activism in the Australian Media Policy Process." Media International Australia 99, no. 1 (May 2001): 35–48. http://dx.doi.org/10.1177/1329878x0109900107.
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This paper traces the emergence of media policy reform activism in Australia around media content regulations for commercial broadcasting, from 1953 to 1976. Its focus is on processes of participation in public inquiries, and the ways in which these were manifestations of what Anna Yeatman (1998) has termed ‘activism in the policy process’. It finds evidence that such processes facilitated the emergence of more wide-ranging campaigns for media reform in the 1970s, but also finds that the extent to which such trends can be seen as applying a logic of ‘governmentality’ to broadcast media has in practice been limited by the predominantly commercial nature of the Australian broadcasting system, the conduct of regulatory agencies and their proneness to ‘regulatory capture’, and the extent to which the demands of media critics could be translated into implementable policies.
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Collins, Hugh. "Formalism and Efficiency: Designing European Commercial Contract Law." European Review of Private Law 8, Issue 1 (March 1, 2000): 211–35. http://dx.doi.org/10.54648/264261.
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Although legal formalism is commonly regarded as desirable for business transactions because it produces certainty of entitlements, this essay argues that the form of calculability required by businesses in fact consists of the protection of expectations. These expectations are themselves grounded in three competing normative contexts: the business relation, the business deal, and the contract. Legal formalism tends to award priority to the contractual normative framework, and can, therefore, defeat business expectations. The merchants' rejection of legal formalism as an unsatisfactory regulatory tool for business transactions is discovered in the operation of the market for the adjudication of commercial disputes. The possibility that common law reasoning is superior to civil law reasoning in managing to avoid the closure of legal formalism is suggested, though it is acknowledged that the virus of legal formalism has penetrated deeply into the operations of common law reasoning as well. The key feature of new private law regulation of commercial contracts at European level must be the production of the capacity to protect business expectation (or calculability) by creating a legal discourse that can simultaneously evaluate the competing normative frameworks of the business relation, the deal, and the contract. This capacity requires the contextualisation of contractual disputes, an ability to differentiate between contexts in the light of custom and usage and the economic interests of the parties, and the power to reformulate regulation in the light of revisions of normative standards in the market. This capacity may also require a post-national legal structure that respects pluralism in regulation of different industrial sectors.
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Goldstone, Jack A. "Urbanization, Citizenship, and Economic Growth in the Long Run." International Review of Social History 65, no. 1 (February 11, 2020): 109–24. http://dx.doi.org/10.1017/s0020859020000048.
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AbstractMaarten Prak argues that urban citizen associations remained vigorous in the West from the Middle Ages through the Industrial Revolution, and that their support for commercial activity helped bring about that Revolution. That is half correct. During the two thousand years from 300 BC to 1750 AD, numerous societies had similar peaks of urbanization, commercial activity, and per capita income (often approaching, but never exceeding, a “peak pre-industrial income” level of roughly $1,900 in 1990 international dollars.) Vigorous urban societies produced repeated episodes of comparably high incomes, not ever-escalating levels of GDP/capita. What produced the breakthrough of the Industrial Revolution was a particular manifestation of urban citizenship that occurred only in Great Britain – the victory of Parliament over royal authority creating exceptional religious and intellectual freedom and institutionalized pluralism. This was not common to urbanized, commercial societies except in rare periods; only in Britain did urban associations and culture blend with scientific culture, producing a broad surge of scientific and technical activity that overcame the prior limits on organic societies.
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Shreedhar, Akshay. "Feasibility of ‘Covering Values’ in Transnational Commercial Law: Article 79 of the cisg and the ‘Impediment’." Global Journal of Comparative Law 5, no. 2 (July 30, 2016): 183–207. http://dx.doi.org/10.1163/2211906x-00502001.
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The coming together of the world, through globalization, international trade and cross border sales has led to an inevitable interaction between different cultures and different laws. Transnational commercial law has seen numerous instruments created to impose a ‘neutral’ set of norms on two contracting parties. The process of formation of such instruments is most certainly an exercise in comparative law influenced by the notions of pluralism, whereby different legal norms are compared. As such, this comparison, like most comparisons in comparative law, endeavours to find common values in varying concepts. Yet, it ignores the fundamental flaws inherent in such a comparison. The resulting ‘covering value’ is seemingly neutral, and yet travels beyond its intended scope. This paper will present an example of the classic ‘force majeure’ defence to contractual breaches, in transnational commercial law, and how its neutral term ‘impediment’ is evidence of the practical non feasibility of ‘covering values’.
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Hansen, Kathryn. "Languages on Stage: Linguistic Pluralism and Community Formation in the Nineteenth-Century Parsi Theatre." Modern Asian Studies 37, no. 2 (May 2003): 381–405. http://dx.doi.org/10.1017/s0026749x03002051.
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The Parsi theatre was the dominant form of dramatic entertainment in urban India from the 1860s to the 1930s. Named for its Bombay-based pioneers, the Parsi theatre blended certain European practices of stagecraft and commercial organization with Indic, Persian, and English stories, music, and poetry. Through the impact of its touring companies, it had a catalytic effect on the development of modern drama and regional theatre throughout South and Southeast Asia. Moreover, Parsi theatre is widely credited with contributing to popular Indian cinema its genres, aesthetic, and economic base. With Hindi films now the major cultural signifier for the middle classes and the ‘masses’ in South Asia and its diaspora, documentation and evaluation of the Parsi theatre is much needed, especially to connect it convincingly to the cinematic medium that followed.
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Belley, Jean-Guy. "L'entreprise, l'approvisionnement et le droit. Vers une théorie pluraliste du contrat." Les Cahiers de droit 32, no. 2 (April 12, 2005): 253–99. http://dx.doi.org/10.7202/043082ar.
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Cet article est le premier compte-rendu d'une recherche empirique sur les relations contractuelles de l'entreprise Alcan avec ses fournisseurs du Saguenay-Lac-Saint-Jean. La recherche porte plus particulièrement sur la part du droit et des institutions juridiques dans l'activité du service régional de l'approvisionnement. La première partie décrit les principaux aspects de la fonction d'approvisionnement au sein de l'entreprise. L'importance décisive du fait organisational y est mise en évidence. L'analyse porte sur l'organisation interne du service de l'approvisionnement, les rôles des acheteurs et des gestionnaires, les liens avec les usagers et les services de l'ingénierie et de la comptabilité. Cette analyse révèle qu'au fil des années Alcan a édifié son propre système juridique dont l'impact sur les activités d'approvisionnement est beaucoup plus important que celui du droit étatique des contrats. La deuxième partie traite de la participation des avocats et de la mobilisation des institutions étatiques dans les activités d'approvisionnement. Considérée de façon globale, la fonction juridique n'est que faiblement institutionnalisée au sein de l'entreprise. En ce qui concerne plus particulièrement l'approvisionnement, le conseiller juridique régional de l'entreprise n'est pas associé de façon régulière quoique certaines politiques récentes paraissent indiquer que sa participation pourrait s'accroître à l'avenir au nom de la prévention juridique. Les avocats d'Alcan à Montréal n'ont que des liens ténus avec le service de l'approvisionnement et rien ne laisse présager un changement significatif à ce niveau. Dans l'ensemble, l'étude révèle le rôle plutôt marginal du droit étatique des contrats et des tribunaux comme instruments de planification ou comme modes de règlement des conflits. Les conflits entre Alcan et ses fournisseurs locaux se règlent généralement sans référence aux règles du droit étatique comme telles. Une norme implicite d'immunités réciproques, qui émerge de la relation de confiance établie entre les partenaires et se trouve renforcée par les caractéristiques culturelles et économiques de la région, expliquerait que l'on ait recours aux tribunaux étatiques que dans des cas exceptionnels. La confiance, la flexibilité et le souci de préserver la relation commerciale sont les facteurs premiers auxquels se réfèrent les parties pour convenir d'un compromis. Dans la troisième partie de l'article, l'auteur évalue la portée de ces constatations empiriques pour la théorie juridique du contrat. La doctrine classique, volontariste et formaliste, repose sur une compréhension limitée et trompeuse de la réalité sociale du contrat. Une représentation franchement réaliste, comme la théorie relationnelle du contrat de Ian R. Macneil, s'avère beaucoup plus satisfaisante. Elle risque toutefois de créer une confusion conceptuelle importante en cherchant à mieux refléter la réalité sociologique par une conception plus riche du contrat. L'auteur considère que les juristes ne réussiront à concilier le besoin d'une meilleure prise en compte de la réalité et la nécessité de la cohérence conceptuelle qu'en adoptant le paradigme du pluralisme juridique. Se référant aux concepts d'« ordre juridique » (Romano) et de « champ social semi-autonome » (Falk Moore), l'auteur montre qu'une compréhension adéquate des relations contractuelles requiert une pleine reconnaissance des pouvoirs normatifs et de l'autonomie institutionnelle dont jouissent les organisations privées et les réseaux d'échanges commerciaux dans l'économie moderne. En marge de cet ordonnancement privé du contrat, la perspective du pluralisme juridique amène à concevoir la fonction propre du droit et des institutions étatiques en rapport avec les problèmes que pose l'interaction des différents ordres juridiques.
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Varju, Marton, and Judit Sándor. "Patenting stem cells in Europe: The challenge of multiplicity in European Union law." Common Market Law Review 49, Issue 3 (June 1, 2012): 1007–37. http://dx.doi.org/10.54648/cola2012037.
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The recent judgment by the European Court of Justice in Brüstle ended the long-standing controversy concerning the patentability of inventions involving human embryonic stem cells in European patent law as harmonized by the Biotechnology Directive (Directive 98/44/EC). The Court of Justice, in line with EPO practice, confirmed that Article 6 of the Biotechnology Directive excluding the patentability of industrial or commercial uses of human embryos prevents patenting human embryonic stem cells. The judgment is open to criticism on account of its interpretation of the relevant ethical principles laid down in the Biotechnology Directive in an environment characterized by moral pluralism and by a multiplicity of legal fora with jurisdiction to interpret those principles.
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Huntsberger, Michael W. "Community media in the United States: Fostering pluralism and inclusivity in challenging times." Interactions: Studies in Communication & Culture 11, no. 2 (July 1, 2020): 191–205. http://dx.doi.org/10.1386/iscc_00018_1.
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For most Americans, public service media (PSM) are synonymous with National Public Radio for radio and audio and Public Broadcasting Service for television and video. However, these national services do not fully circumscribe the PSM sphere in the United States. US community media are non-commercial, locally controlled outlets that produce content intended for local audiences, most often focused on local concerns associated with housing, education, government and the arts. This study provides an overview of the present state of community media in the United States. It draws on a variety of sources, including data from the industry, and from the professional press, as well as a series of extensive informational interviews with community media leaders around the United States. The subjects include representatives from community radio and community television outlets that serve urban, suburban and rural markets. After compiling and analysing the quantitative and qualitative data, several key indicators emerge that help to describe the current state of community media in the United States and point towards challenges and opportunities ahead for the sector.
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Crewe, Ryan. "The Troubles of Global Civitas: Segregation and Convivencia in Colonial Manila, 1580-1700." CHEIRON, no. 1 (February 2022): 148–73. http://dx.doi.org/10.3280/che2021-001007.
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In the historiography of the seventeenth-century Spanish Empire, Manila figures prominently as both a commercial entrepôt and as a site of ethnic conflict. This article examines the less-studied social processes of migration, settlement, and mestizaje that laid the foundation for Manila's prosperity as well as its global diversity. It examines Spanish efforts to segregate and manage ethnic diversity in urban and domestic spaces, everyday cosmopolitanism and mestizaje, and the ways in which unresolved tensions between pluralism and exclusivism structured interethnic violence. Early Modern Manila lived according to a volatile and often begrudging convivencia that was grounded in cross-cultural interactions that, no matter how grave the crisis, underwrote the Manila's prosperity and social composition throughout the seventeenth century.
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Gillespie, John. "New Transnational Governance and the Changing Composition of Regulatory Pluralism in Southeast Asia." Asian Journal of Comparative Law 9 (January 1, 2014): 65–95. http://dx.doi.org/10.1017/s2194607800000934.
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AbstractOver the past three decades, Transnational Production Regimes (TPRs) have become the main source of technical and regulatory knowledge for Southeast Asia corporations. Typically TPRs transfer knowledge from lead firms located in the industrial North to supplier firms located in Southeast Asia. Regulatory knowledge transferred through TPRs largely bypasses Southeast Asian laws and legal institutions to directly influence the behavior of supplier firms. Although socio-economic studies show that TPRs are responsible for generating much wealth creation in the region, they hardly register in the socio-legal literature. Drawing on ethnographic studies conducted in Vietnam, this paper will attempt to explain why different types of TPRs produce different regulatory responses in Vietnamese firms. Preliminary findings suggest differences in the way that regulatory knowledge transmitted through Northeast Asian and Euro-American TPRs is absorbed and integrated into the organisational fabric of Vietnamese firms. They also shed light on two well-documented phenomena in Vietnam. In conclusion the paper will argue that TPRs displace state commercial laws and are partially responsible for the slow progress of conventional law and development projects in changing regulatory practices. It will contend that the different kinds of TPRs generate regulatory pluralism and the uneven application of state law in different business sectors.
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Delimatsis, Panagiotis. "The Fragmentation of International Trade Law." Journal of World Trade 45, Issue 1 (February 1, 2011): 87–116. http://dx.doi.org/10.54648/trad2011004.
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The fragmentation of general international law is not a new phenomenon. Nevertheless, it is a sign of our era and essentially results from the legal pluralism that characterizes it. Increasing adjudication also makes the study of this concept even more fascinating. The phenomenon of fragmentation manifests itself with particular tension in international trade law. Private interests and commercial transactions can be irreversibly affected by the absence of legal security or, worse, by the existence of contradictory rulings delivered by adjudicating bodies, which constantly compete for increasing jurisdiction and thus influence. This article reviews the discussion of fragmentation of international law and critically analyses the problem of absence of coherence in regulating trade. By focusing on adjudication, permissible sources of law, and interpretation, it argues for more openness towards non-trade law when interpreting trade rules.
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Kuprešanin-Vukelić, Anđela. "Commercial instrumentalisation of media and autonomy of professional communicators in the media system of the Republic of Srpska." Politea 10, no. 20 (2020): 57–79. http://dx.doi.org/10.5937/politeia0-29230.
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Commercial instrumentalisation of the media presents one of inevitable dimensions with regard to studying contemporary media systems. Researching into the level of commercial instrumentalisation of the media within a certain media system implies researching into the nature of relationship, that is, interaction of the media, professional communicators, and certain external information agents, such as advertisers and owners of capital. Instrumentalisation of the media for commercial purposes determines, to a great extent, the professional stance of communicators and their autonomy while performing the task of satisfying public interests in relation to the exclusively material orientation of media production, which is reflected on the quality of media contents and media pluralism. The paper examines the intensity and nature of interaction between the media and advertisers in the media system in the Republic of Srpska and implications of this interaction with regard to the journalist profession and media practice, from the point of view of journalists, editors, and media managers. As for the working hypothesis of the paper, the author claims that there are various forms of commercial instrumentalisation of the media in the aforementioned system that jeopardise, either directly or indirectly, the autonomy of professional communicators and meeting the necessary professional standards. For these purposes, the gathering of empirical material is realised by means of a survey poll engaging 150 journalists and 65 editors employed with 27 respective media companies in the Republic of Srpska, as well as by means of interviewing 10 media managers. The paper aims at identifying the forms and intensity of commercial instrumentalisation of the media in the media system of the Republic of Srpska which, apart from being of significance for the autonomy and professionalism of the media and communicators, are major indicators of the nature of the media system on the whole and which primarily determine the course of its transformation.
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Gibson, Alan. "The Commercial Republic & the Pluralist Critique of Marxism: An Analysis of Martin Diamond's Interpretation of "Federalist" 10." Polity 25, no. 4 (June 1993): 497–528. http://dx.doi.org/10.2307/3235118.
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Balasingham, Baskaran, and Tai Neilson. "Digital Platforms and Journalism in Australia: Analysing the Role of Competition Law." World Competition 45, Issue 2 (June 1, 2022): 295–318. http://dx.doi.org/10.54648/woco2022011.
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News media businesses compete with search engines and social media networks for advertising revenue but at the same time depend on the latter to reach and interact with audiences. The Digital Platforms Inquiry (DPI) completed by the Australian Competition and Consumer Commission (ACCC) found that media businesses’ dependency on digital platforms gives companies like Google and Facebook substantial bargaining power over Australian news media businesses. This development over the past decade has caused negative repercussions for the choice and quality of news available to Australians. In response to thegse findings, Australia’s News Media and Digital Platforms Mandatory Bargaining Code 2021 extends the application of competition law into digital news and advertising markets. The reform is intended to address the impact of digital platforms on the commercial viability of Australian news companies. In this article, we assess the application of competition law to the relationship between news media and digital platforms, including the strength of the DPI findings and the appropriateness of the resulting reforms. We argue that after decades of deregulation of the media sector in Australia the News Media Bargaining Code is a hybrid legislation, which introduces news media industry regulations under the guise of competition law. While we see a continued role for competition law in digital platform markets, this article indicates the challenges posed by digital platforms on media pluralism and the limitations of a market-driven approach to news media policy. news media businesses, digital platforms, advertising, regulation, media policy, Australian competition law, market power, media pluralism, Digital Platforms Inquiry, News Media Bargaining Code
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Komarov, Vyacheslav V., and Tetiana A. Tsuvina. "International standard of access to justice and subject of civil procedural law." Journal of the National Academy of Legal Sciences of Ukraine 28, no. 3 (September 17, 2021): 197–208. http://dx.doi.org/10.37635/jnalsu.28(3).2021.197-208.
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The current state of development of national systems of civil justice is described by the growing influence of the ideas of accessibility and efficiency of justice in civil cases and requires the harmonization of national systems with international standards of fair trial. This necessitates a rethinking of some classical provisions of the doctrine of civil procedural law to comply with modern realities. The aim of the article is to study the evolution and approaches to the modern interpretation of the international standard of access to justice in civil cases, as well as its impact on the doctrine of the subject of civil procedural law at the doctrinal level. The article is based on dialectical, histo rical-legal, system-structural, logical-legal, comparative-legal research methods, as well as methods of analysis and synthesis, autonomous and evolutionary interpretation of the European Convention on Human Rights (ECHR). The authors advocate a broad approach to the concept of access to justice, including access to justice, access to effective remedies and access to alternative dispute resolution. Through the prism of the international standard of access to justice, the ideas of procedural centralism, based on the idea of judicial protection as the main and most effective form of protection of violated rights, and procedural pluralism, based on the provision of multiple forms of protection, the effectiveness of which is determined by the circumstances of a particular dispute. The authors substantiate the conclusion about the expediency of the perception of the idea of procedural pluralism at the level of the national legal order. A parallel is drawn between the ideas of procedural centralism and pluralism that have developed in foreign literature, and the narrow and broad concept of the subject of civil procedural law, formed in the domestic doctrine. Taking into account the autonomous interpretation of the concept of “court”, enshrined in paragraph 1 of Art. 6 of the ECHR, as well as the increasing popularization of alternative dispute resolution, provide arguments in support of a broad concept of the subject of civil procedural law, including civil litigation and alternative dispute resolution, in particular, arbitration, international commercial arbitration, mediation, etc.
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Crewe, Ryan Dominic. "Pacific Purgatory: Spanish Dominicans, Chinese Sangleys, and the Entanglement of Mission and Commerce in Manila, 1580-1620." Journal of Early Modern History 19, no. 4 (June 18, 2015): 337–65. http://dx.doi.org/10.1163/15700658-12342461.
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In late-sixteenth-century Manila, Spanish Dominican missionaries sought to convert Chinese merchants from Fujian Province known as Sangleys. The Dominican-Sangley encounter unfolded in a segregated Chinese quarter known as the Parián. This local encounter had outsize implications for an emerging early modern Pacific World: it enabled a lucrative transpacific trade that connected the histories of America and Asia, and it provided a foothold in Manila for both Dominicans and Sangleys to meet their respective spiritual and commercial goals. Dominicans offered protection to Sangleys with the intention of using their networks to reach China and evangelize there, while Sangleys understood that Dominicans were essential to their residency and prosperity in this Spanish colony. Sangley leverage in transpacific commerce, however, ultimately undermined missionary aspirations. Spanish Christian universalism, honed in prior New World conquests, lost ground to the religious pluralism of maritime Asia. Manila thus became a purgatory for the Dominicans, where Spanish Christian expansionism had to coexist with a burgeoning transpacific trade that required mutual accommodations.
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Milutinovic, Irina. "Problems of European values in media policy." Zbornik Matice srpske za drustvene nauke, no. 169 (2019): 75–90. http://dx.doi.org/10.2298/zmsdn1969075m.
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Using critical and analytical method, this article explores the status and challenges of the fundamental values in the single European approach to media policy. The aim of the research is to discuss the functionality of defined values: freedom of expression, media pluralism and public interest 30 years after the adoption of the first common regulations in a media field. In the first part of the paper the European values are perceived as (1) conceptual heritage and (2) postulated norms of public policy. The second part of the research focuses on the problems of implementing defined values in (1) commercial media and (2) public media service sector. We conclude that normative values that have been rooted in the contemporary European media policy lose their authority facing the challenges of economic and political interests. Two main causes of this process are: institutional deficit of European media policy and divergent goals of its actors, at European institutions as well as in national arenas.
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Astudillo, Marise, Alfonso Revilla, Nuria Llevot, Olga Bernad, Christian Coffi, and Papalaye Seck. "Young Africa: art and diaspora. An experience at the University of Lleida." Ehquidad Revista Internacional de Políticas de Bienestar y Trabajo Social, no. 19 (January 15, 2022): 65–102. http://dx.doi.org/10.15257/ehquidad.2023.0003.
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This article is the result of an inter-university, international and transdisciplinary experience carried out at the University of Lleida with the collaboration of the University of Zaragoza in the academic year 2021-2022, in which other groups and institutions also participated, on Young Africa: art and diaspora. Two seminars were held, a theoretical-practical one with students of the Degree in Social Education on the black-African artistic object as a reference of cultural pluralism and another international seminar with three papers on Art, resilience and rehumanisation, which dealt with music, dance and orality as a resilient therapy in African and Afrodiasporic traditions; an initiative on Top Manta, which is the brand of the commercial project of the Sindicato Mantero and, finally, a practical proposal to intervene from the artistic context in groups at risk, i.e. three proposals combined with an exhibition on Black African masks entitled "Learning to see the invisible".
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Du Plessis, Hanri Magdalena. "Legal Pluralism, uBuntu and the Use of Open Norms in the South African Common Law of Contract." Potchefstroom Electronic Law Journal 22 (October 23, 2019): 1–37. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a6456.
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In this article, a comparison is drawn between the role of good faith in the development of the Roman law of contract and the emerging role of ubuntu in the South African common law of contract. Firstly, it is shown how the Romans realised that their existing formal and rigid laws could not address the changing legal needs of the community due to the influx of foreigners (especially foreign traders) into Rome. In reaction to the changing commercial environment, they introduced flexible legal procedures and a more normative approach to these legal transactions to achieve fairness and justice between the contracting parties. This worked so well that the new flexible procedures and normative principles were transferred to the existing formalistic law. Gradually the existing ius civile became subject to a more normative interpretation in the interests of justice through the use of the open norm of good faith. It is argued that in a similar way, ubuntu can be used to address legal pluralism in the South African legal system, and its application as an underlying constitutional value could result in the better use of the open norm of good faith to address contractual unfairness.
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Mulinari, Shai, Tora Holmberg, and Malin Ideland. "Money, Money, Money? Politico-Moral Discourses of Stem Cell Research in a Grant Allocation Process." Science & Technology Studies 28, no. 2 (January 1, 2015): 53–72. http://dx.doi.org/10.23987/sts.55350.
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Concerns have been raised about the marketization of science through the prevailing funding regime. However, the present article will discuss how it comes that the potentially marketable stem cell science is not more commercialized than what is currently the case. We approach this question by analysing discursive pluralism in defining the value of stem cells within a grant allocation process. More specifically, we focus on how the commercial imperative is challenged by other cherished values surrounding stem cell research. The case study used to discuss this is the Swedish Government’s funding of stem cell research within so-called strategic research programmes. The analysis focuses on the co-existence of what we refer to as entrepreneurial, translational and basic research politico-moral discourses. How the co-existence of politico-moral discourses is possible, despite potential tensions, is investigated by drawing on the theoretical framework of bio-objectification. Specifically, we highlight how the relationship between various bio-identities and values was reorganized along the research grant allocation trajectory. We argue that there are obvious signs of temporally specific discursive shifts away from the commercial imperative in the grant allocation process. This suggests the need to study located processes, in order to understand the work of politico-moral discourses in the grant allocation process. This work contributes to an understanding of the uneven and varied impact of neoliberal policies on biomedicine.
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Marshall, Paul. "Institutional Religious Freedom: An Overview and Defense." Religions 12, no. 5 (May 20, 2021): 364. http://dx.doi.org/10.3390/rel12050364.
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The idea of institutional religious freedom has become increasingly controversial, especially in the United States, and pressure for such freedom has been growing. The notion that institutions, including commercial ones, can have religious freedom rights has been described as unprecedented. However, the notion of such religious freedom has deep historical roots in a wide range of settings, is deeply intertwined with the growth of free societies, and is tied to the nature of religions themselves. This also applies to religious commercial institutions, which are far more widespread than commonly recognized. I focus particularly on what is it about such institutions that needs protecting and emphasize that what is central is the particular practice that typifies the organization. It needs the freedom to be what it is and to live out a religious commitment. If this calling is denied or subverted, then the institution loses its raison d’être. One of the principal reasons for forbidding government discrimination on matters such as religion is precisely so that private institutions will be able to appropriately employ staff and carry out policies according to their own particular beliefs as to what supports their distinctive mission. Governmental neutrality is intended to be a foundation for a lively and diverse societal pluralism, not for society to become a mirror of the government itself.
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Lukan, Mariia. "Protecting the Freedom of Corporate Commercial Expression and Advertising." Philosophy of law and general theory of law, no. 1 (December 21, 2021): 247–61. http://dx.doi.org/10.21564/2707-7039.1.247606.
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The European Court of Human Rights (ECHR) has consistently recognized corporationsas entities falling within the scope of protection of the European Convention on Human Rights.The ECHR’s perception of corporations as “beneficiaries” of human rights is subject to criticism forconceptual incompatibility (human rights can only apply to people) and accusations that as long ascompanies refuse to commit to human rights, they should not be able to benefit from their protection).There is a discussion in the scientific literature about the philosophical and legal rationale forgranting corporations human rights. It is clear that human rights are for man. Therefore, they needa philosophical understanding and theoretical substantiation of the issue of extrapolation of humanrights protection to corporations; because corporations have a certain impact on the economic andsocial life of people, people in this context are the weaker sides. What are the consequences?This article will consider the European Court of Human Rights’ approaches to protecting corporationsfor freedom of expression and advertising under Article 10 of the Convention on Human Rights.The main principles of protection of freedom of corporate expression and advertising are: 1) thecorporation has the right not only to protect freedom of expression and advertising, which appliesnot only to “information” or “ideas” that are favorably (positively) perceived by society, but alsothose that are considered offensive or shocking. Such are the demands of pluralism, tolerance andbroad-mindedness, without which there is no “democratic society;” 2) the protection of freedomof expression of corporations is subject to exceptions, which, however, must be interpreted strictly,and the need for any restrictions must be sufficiently convincing; 3) exceptions to the protectionof freedom of expression presuppose the existence of an “urgent social need” which determineswhether a “restriction” is compatible with freedom of expression, which is protected by Article 10 ofthe ECHR; 4) The task of the European Court of Human Rights in the administration of justice is todetermine whether the restrictions were “proportionate to the legitimate aim pursued” and whetherthe grounds given by the national authorities to justify them were “relevant and sufficient.” In doingso, the Court must satisfy itself that the domestic authorities applied standards which complied withthe principles enshrined in Article 10 of the Convention and, in addition, relied on an acceptableassessment of the relevant facts.According to the author, the criteria developed by the ECHR for assessing the protection of theright to freedom of corporate commercial expression and advertising are fair and effective. Given thefact that the European Convention on Human Rights is a living mechanism that should be interpretedin the “light” of modern conditions, the emergence of new improved approaches to determiningthe extent and existence of violations in this area should not be ruled out. It is true that in today’smarketplace, corporations have the right to defend their rights, including freedom of expression andadvertising, and to protect themselves, for example, from unfair competition, when a corporationis “attacked” by unfair accusations or baseless accusations that damage its business reputation. Inaddition, corporations must also respect and respect human rights. According to the author, thecreation of a truly effective mechanism for monitoring the observance of human rights by corporations can balance the weights of “opponents” and “supporters” of recognizing the right of corporations toprotection by referring to the principles of the European Convention on Human Rights.
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Novikova, Natalya I. "Energy of entrepreneurship in traditional nature use of indigenous peoples of the Sakhalin North." Reports of the Laboratory of Ancient Technologies 16, no. 3 (2020): 127–40. http://dx.doi.org/10.21285/2415-8739-2020-3-127-140.
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The article examines the forms of social organization of the small-numbered indigenous peoples of the North of Sakhalin in the field of traditional fisheries and entrepreneurship in the context of legal pluralism. This method allows us to analyze the coexistence of state and customary law, moral norms and the principles of social entrepreneurship. Methods of legal and social anthropology are used. The study uses the approaches of the UN Expert Mechanism on the Rights of Indigenous Peoples. Field materials are interpreted in academic and aboriginal discourses. Federal and regional legislation are evaluated through the study of local practices. A study of the impact of new social institutions on technical equipment and internal legal regulation of economic activities, forms of interaction between fishermen and commercial enterprises, contradictions between aboriginal fisheries and the official environment was conducted. The article is written on the basis of observations and expert interviews collected on Sakhalin Island (Yuzhno-Sakhalinsk, Poronaysky, Noglik, Okhinsky districts) in 2014 and 2019. The reasons for doing business were studied. An assessment is given of modern aboriginal fisheries, based on both traditional knowledge and skills, as well as modern technologies. The article explores the characteristics of indigenous entrepreneurship, which combines commercial and social goals, exchange of gifts and market relationships. Special attention is paid to the evaluation of poaching. Aboriginal entrepreneurship is seen as a means of sustainable development and poverty alleviation. The conclusion proposes measures for the legal regulation of aboriginal fisheries and recommendations developed during consultations with leaders of fishing organizations.
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Gola, Swati. "One step forward or one step back? Autonomy, agency and surrogates in the Indian Surrogacy (Regulation) Bill 2019." International Journal of Law in Context 17, no. 1 (February 16, 2021): 58–74. http://dx.doi.org/10.1017/s174455232100001x.
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AbstractThe Indian government has recently introduced legislation to regulate ‘altruistic’ surrogacy while banning ‘commercial’ surrogacy amidst the criticism that India has become the ‘baby factory’. In the past decade, academic discourse has raised socioethical and legal issues that surfaced in the unrestricted transnational commercial-surrogacy industry. Most of the literature and ethnographic studies centred on the issues of informed consent, autonomy, decision-making and exploitation. With the proposed legislation, the Indian government has shown its will to regulate surrogacy, including the medical intermediaries as well as the contract between the intending parents and the surrogate mother-to-be. The present paper addresses the legal and socioethical context in which India introduced the Surrogacy (Regulation) Bill 2019. It examines the extent to which the proposed law responds to the legal challenges and socioethical concerns that surfaced in the course of unregulated transnational commercial-surrogacy arrangements in India. It argues that, even though the proposed legislation addresses and responds to some of the legal and ethical concerns such as informed consent and legal parentage, it stops short of ensuring the welfare and well-being of the surrogate. Second, the legal certainty of parentage and the child's rights comes at the cost of the physical and psychological well-being of the surrogate. Finally, it argues that, by presupposing the surrogate as an autonomous agent and yet imposing the requirement of marriage, the Bill overlooks the sociocultural realities of patriarchal hierarchies entrenched in Indian society – that, in its conception of ‘family’, the focus on the ‘traditional’ family not only presents a narrow view of the heteronormative family and perpetuates the patriarchal notions of gender roles, but also fails to take into consideration maternal pluralism in surrogacy arrangements, undermines the modern family and, above all, discriminates against the single person's and lesbian, gay, bisexual, transgender, and queer (LGBTQ) communities’ right to found a family. Since many countries that served as centres for international commercial-surrogacy arrangement (such as Cambodia, Thailand and Nepal) have recently started to take steps to prohibit or limit transnational surrogacy arrangements, the analysis of Indian law in the present paper will provide a useful context within which these countries can effectively regulate surrogacy while safeguarding the surrogate's rights and interests.
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Dunn, James A., and Anthony Perl. "Policy Networks and Industrial Revitalization: High Speed Rail Initiatives in France and Germany." Journal of Public Policy 14, no. 3 (July 1994): 311–43. http://dx.doi.org/10.1017/s0143814x00007303.
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ABSTRACTUsing Atkinson and Coleman's typology of policy networks, this article shows how many of the differences in policy outcomes can be traced to the structure of the policy environment in each nation. French and Germany policy makers adopted a strategy of investing in high speed passenger transport to revitalize their declining railway sectors. The French TGV was developed in a state-directed policy network which insisted on cost containment and commercial viability. In Germany a corporatist style of policymaking in the rail sector led to delays and higher costs for the ICE train. A separate clientele pluralist network led by the Research Ministry developed the Transrapid maglev option, but in order to finance and deploy an operational system, the Chancellor and cabinet had to create a concertation network. The policy network approach provides a useful framework for conducting comparative analysis. In addition, these detailed cases suggest that it is useful to add a dynamic, cross-temporal dimension to the static typology.
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Brachotte, Sandrine. "The Limits of Arbitration Law in Addressing Cultural Diversity: The Example of Ismaili Arbitration in the United Kingdom." Laws 10, no. 2 (June 7, 2021): 47. http://dx.doi.org/10.3390/laws10020047.
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This article studies religious arbitration from the perspective of global legal pluralism, which embraces both normative plurality and cultural diversity. In this context, the article considers that UK arbitration law regulates both commercial and religious arbitration while relying on a monist conception of arbitration. It further identifies two intertwined issues regarding cultural diversity, which find their source in this monist conception. Firstly, through the study of Jivraj v. Hashwani ([2011] UKSC 40), this article shows that the governance of religious arbitration may generate a conflict between arbitration law and equality law, the avoidance of which can require sacrificing the objectives of one or the other branch of law. The Jivraj case concerned an Ismaili arbitration clause, requiring that all arbitrators be Ismaili—a clause valid under arbitration law but potentially not under employment-equality law. To avoid such conflict, the Supreme Court reduced the scope of employment-equality law, thereby excluding self-employed persons. Secondly, based on cultural studies of law, this article shows that the conception of arbitration underlying UK arbitration law is ill-suited to make sense of Ismaili arbitration. In view of these two issues, this article argues that UK arbitration law acknowledges normative multiplicity but fails to embrace the cultural diversity entangled therewith.
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Chi, Le Quynh, and Nguyen Thanh Tu. "Street in Hanoi ancient quarter as cultural place: A case study of Hang Buom street." Journal of Science and Technology in Civil Engineering (STCE) - NUCE 12, no. 3 (April 30, 2018): 102–12. http://dx.doi.org/10.31814/stce.nuce2018-12(3)-10.
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A differentiation in history and culture in Southeast Asian cities has crafted a unique scene of traditional commercial streets which is distinguished from Western norm. Whereas the later is mostly recognized based on physical form and behavior of users only, the former is not limited itself in those focuses, but also people (users) and their activities - which are supposed to create the spirit and the soul of the places have been included. The distinctive features of Southeast Asian streets in the historic commercial district are also differentiated from Western ones by the pluralism and integration of those components than mono and segregation manifestations. In Vietnam, the adoption of Western regulations without sufficient consideration on local context resulted in ineffective spaces and the lost of this historical district's spirit. The paper's objective is to clarify the physical and functional aspects of Hanoi Ancient Quarter which play key role in forming the distinct soul of historical district. It is assumed that those attributes are to make urban space to urban place, toward cultural sustainability. The theory of "place" and "cultural capital" will guide through the whole paper. The methodology is the combination of theoretical and empirical implementation by region history, local politics and economic-social development reviews and onsite investigation in a representative street, Hang Buom Street (Sail Street) in Hanoi Ancient Quarter. The site investigation and social survey have been conducted from 2010 to 2015, covering the physical aspect, functional aspect, and social aspect. The findings of this paper would aim to contribute to philosophy of urban conservation in Southeast Asian as well as being suggestion for urban management and development in such local unique contexts.
Article history: Received 19 March 2018, Revised 17 April 2018, Accepted 27 April 2018
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Hohenthal, Johanna, Marinka Räsänen, and Paola Minoia. "Political ecology of asymmetric ecological knowledges: diverging views on the eucalyptus-water nexus in the Taita Hills, Kenya." Journal of Political Ecology 25, no. 1 (February 13, 2018): 1. http://dx.doi.org/10.2458/v25i1.22005.
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Environmental resource management policies worldwide have long insisted on the need to involve local communities and their diverse ecological knowledges in management planning and decision-making. In SubSaharan post-colonial countries, however, formal resource management is still largely dominated by bureaucratic governance regimes that date back to colonial power structures and that rely mainly on professional or formal knowledge. In this study, we use a political ecology approach to analyze disputes over eucalyptus plantations in the Taita Hills, Kenya. The approach recognizes the plurality of socially constructed and powerladen perceptions of environmental resources. We found that local people regard eucalyptus plantations not only as a threat to local water resources but they also highlight historical injustices and the loss of control over, and cultural relationships to their land. Bureaucratic resource management institutions, however, support the planting of eucalyptus to meet national demands for commercial forestry. Management officials also plead a lack of "valid" evidence for the negative impacts of eucalyptus on local water resources, diverting attention away from the formal environmental governance system which has unequal sharing of benefits, unclear policies, and internal incoherence. Recognition of historically rooted asymmetries of knowledge and power provides a step towards social transformation, ending a long-standing reproduction of subalternity, and promoting environmental justice and pluralism in decision-making.Keywords: bureaucratic knowledge; environmental justice; eucalyptus; Kenya; knowledge asymmetries; local ecological knowledge; political ecology; resource management
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Loja, Melissa. "Recent engagement with international human rights norms by the courts of Singapore, Malaysia, and Philippines." International Journal of Constitutional Law 19, no. 1 (January 1, 2021): 98–126. http://dx.doi.org/10.1093/icon/moab006.
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Abstract This article makes two claims about international human rights norms in three English-speaking courts in Southeast Asia. First, the courts are engaging with the norms, contrary to the prevailing view that the four-walls and dualist doctrines maintain a stranglehold on the region. Singapore courts relied on foreign case law applying the European Convention on Human Rights to rationalize a liberal interpretation of arbitration agreements; Malaysia’s Court of Appeal based its decision on the Association of Southeast Asian Nations Human Rights Declaration, despite lack of legislative incorporation; and the Philippine Supreme Court applied the Convention on the Protection of Persons against Enforced Disappearances (CPPED) as evidence of customary international law, notwithstanding that the government had repeatedly refused to ratify CPPED. Second, their engagement is characterized by inconsistency and arbitrariness as it is governed more by exigency than by human rights philosophy. The Philippine court invoked universality to give direct but selective effect to the norms. In the name of pluralism, Malaysian courts gave direct effect to the norms, but the effect has been transitory. In Singapore, the norms have teleological effect in private law cases involving commercial and investment interests, but not in public law cases involving individual and political rights. The lack of principled practice and the ensuing uncertainty undermine the ethos of human rights and raise the question of whether more practice makes right.
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WILSON, CHARLES. "György Ligeti and the Rhetoric of Autonomy." Twentieth-Century Music 1, no. 1 (March 2004): 5–28. http://dx.doi.org/10.1017/s1478572204000040.
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Composers’ self-representations – in articles, programme notes, and interviews – have exerted a significant influence on twentieth-century music scholarship, shaping not only the reception of particular outputs but also wider historiographical conceptions of the recent past. This article traces one particular mode of discourse through the published statements of György Ligeti – a ‘rhetoric of autonomy’, which tends to disavow allegiances to ‘schools’ or institutions and underplay stylistic or aesthetic commonalities with the work of other composers. This type of rhetoric, together with the image it promotes of an artistic culture created out of the polarized activities of individuals, colludes naturally with the now familiar pluralist paradigm of late-twentieth-century culture, a paradigm that much postmodern theory, despite its putative deconstruction of the ‘ideology of the unique self’ (Jameson), has left largely unchallenged. Except that, for an artist such as Ligeti, the rhetoric of autonomy may no longer accomplish its objective purpose. Within a cultural sphere increasingly subsumed by the commercial, the image of the radically autonomous creator, once powerfully symbolic of a refusal of the mass market, becomes inescapably caught up in its mechanisms as an explicitly promotional tool.
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Mfuamba Mulumba, Isidore, and Matthiesen Kalala Ilunga. "Le multipartisme démocratique au Congo est une valeur démocratique ou un désordre politique?" KAS African Law Study Library - Librairie Africaine d’Etudes Juridiques 7, no. 1 (2020): 112–28. http://dx.doi.org/10.5771/2363-6262-2020-1-112.
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Il arrive de fois que nous nous demandons : si la République Démocratique du Congo est prête pour la démocratie et si elle a compris bien la démocratie. Bien que le multipartisme soit un principe (indispensable) parmi tant d’autres de la démocratie et que la démocratie pluraliste (modèle choisi par la RDC) se fonde sur la reconnaissance de la légitimité d’une pluralité effective de partis politiques, mais le parti politique n’est pas une société commerciale que tout le monde peut créer en vertu du libéralisme democraticoéconomique et dont le fonds de commerce est le désordre politique et violations droits fondamentaux en vue de conquérir du pouvoir. Etant donné qu’un tel désordre à l’impact négatif d’abord au développement de l’Etat, en suite, à la consolidation d’un Etat de droit et enfin, au respect des droits humains; il faut que le Droit encadre le phénomène de la prolifération des partis politiques en RDC. Cela étant besoin que nécessite sa diversité ethnico-tribale. Comme l’a si bien dit Goethe, « Vaut mieux une injustice qu’un désordre ». Cette pensée fait de l’ordre l’objectif sans concurrent du Droit, de la sorte, les congolais doivent faire un bon usage des principes démocratiques pour le bien être de la République Démocratique du Congo. Car la démocratie mal comprise ou abusivement utilisée risquerait de mettre le pays dans un dilemme de développement.
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Zaitseva, Marina L., Regina R. Вudagyan, and Alexei I. Chekmenev. "Interpretation of the Concepts of “Mass Culture” in Presentday Humanitarian Sciences." ICONI, no. 4 (2019): 53–60. http://dx.doi.org/10.33779/2658-4824.2019.4.053-060.
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The article is devoted to the analysis of the concepts of “mass culture” in present-day humanitarian scholarship. The article highlights three groups of interpretations of this concept: the pessimistic, the apologetic and the problemoriented. The characteristic features of each of the presented groups are specified. Mass culture presents a complex and multilayers phenomenon, which is relevant among large strata of the population. The main particularities of mass culture are in the blending together of numerous various cultural codes and traditions, mobility, directedness at wide strata of the population, a commercial character of production, a significant amount of pluralism of directions, hedonism, availability, directedness at a visual type of perception, etc. The main particularities of the new contemporary concert conditions is a multitude of styles, active use of the method of deconstructing the academic classical repertoire and various forms of adaptation of the academic classical heritage to present-day performance practice. The art of music develops upon the impact of numerous factors pertaining to the sphere of culture, economics and many other domains of man’s social life. Special signification on the development of present-day performance practice is rendered by mass culture. The complexity of solving the questions connected, first of all, with the definition of the concept of “mass culture,” with the uncovering of its influence on the art of the turn of the 20th and 21st centuries stipulates the necessity of making a brief overview of research related to this issue.
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Glickman, Gabriel. "Catholic Interests and the Politics of English Overseas Expansion 1660–1689." Journal of British Studies 55, no. 4 (October 2016): 680–708. http://dx.doi.org/10.1017/jbr.2016.74.
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AbstractThroughout the reign of Charles II, a growing number of Catholics entered into the civil and military infrastructure of the overseas colonies. While Maryland was consolidated as a center of settlement, a new crop of English and Irish officeholders shaped the political development of Tangier, New York and the Leeward Islands. Their careers highlighted the opportunities of overseas expansion as a route into the public domain: a chance for Catholics to sidestep the penal restrictions of the three kingdoms and construct an alternative relationship with the crown. This article examines the emergence of Catholic authority within the plantations, and situates the experiment within larger shifts in strategic and ideological debate over English colonization. I suggest that experiences in the colonies invigorated economic and political strategies that became central to the advancement of Catholic interests in the domestic realm. While colonial trade bolstered Catholic estates against penal pressures, the new settlements provided the training ground for attempts to demonstrate the compatibility of confessional pluralism with commercial flourishing and civil allegiance. The effect, however, was to raise conflict in colonial politics and heighten anxieties in the domestic realm over the effects of overseas plantation. I argue that by uncovering a neglected sphere of “recusant history” we gain new insights into the ideological fragilities that disrupted the pursuit of territories overseas. Catholic promotions exposed a growing tension between the “Protestant interest” and the principles and practices that informed the expansion of the Stuart realm.
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Larkin, Craig. "Remaking Beirut: Contesting Memory, Space, and the Urban Imaginary of Lebanese Youth." City & Community 9, no. 4 (December 2010): 414–42. http://dx.doi.org/10.1111/j.1540-6040.2010.01346.x.
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Throughout the centuries Beirut has had an endless capacity for reinvention and transformation, a consequence of migration, conquest, trade, and internal conflict. the last three decades have witnessed the city center's violent self–destruction, its commercial resurrection, and most recently its national contestation, as oppositional political forces have sought to mobilize mass demonstrations and occupy strategic space. While research has been directed to the transformative processes and the principal actors involved, little attention has been given to how the next generation of Lebanese are negotiating Beirut's rehabilitation. This article seeks to address this lacuna, by exploring how postwar youth remember, imagine, and spatially encounter their city. How does Beirut's rebuilt urban landscape, with its remnants of war, sites of displacement, and transformed environs, affect and inform identity, social interaction, and perceptions of the past? Drawing on Henri Lefebvre's analysis of the social construction of space (perceived, conceived, and lived) and probing the inherent tensions within postwar youths’ encounters with history, memory, and heritage, the article presents a dynamic and complex urban imaginary of Beirut. An examination of key urban sites (Solidère's Down Town) and significant temporal moments (Independence Intifada) reveals three recurring tensions evident in Lebanese youth's engagement with their city: dislocation and liberation, spectacle and participant, pluralism and fracture. This article seeks to encourage wider discussion on the nature of postwar recovery and the construction of rehabilitated public space, amidst the backdrop of global consumerism and heritage campaigns.
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Alpa, Guido. "European Community Resolutions and the Codification of ‘Private Law’." European Review of Private Law 8, Issue 2 (June 1, 2000): 321–34. http://dx.doi.org/10.54648/268927.
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Alpa provides an examination of the problems and prospects for the development of a European private law. As a protagonist of the harmonisation of private law through codification, he first identifies the work in progress and some of the broad issues that have had to be addressed (such as the need to develop rules that transcend national characterisations of sphere of private law and the distinction between civil and commercial laws). He then sets out the advantages of a unified private law: rules in conflict between themselves in the various countries of the European Union can develop as a real market hindrance, while uniform private law rules emerge as conditions precedent for the implementation of the single market. Projects directed towards the harmonisation of private law through codification have faced various criticisms. Alpa tries to address these. He notes first the trend towards convergence of (some aspects of) national laws that has been observed by comparative lawyers and the existence of unifying frameworks such as the constitutional law of the EU and the European Convention on Human Rights. He then briefly addresses three particular issues: (i) the problems allegedly created by the difference between common law and civil law structures, (ii) claims concerning value of legal pluralism and the undesirability of eliminating national cultural characteristics, and (iii) the argument that techniques of harmonisation other than the drafting of a Civil Code are more appropriate. The paper concludes with a note on issues of the drafting and structure of a possible future Code.
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Rovniy, V. V. "About the state registration of a contract and contract’s consequence." Siberian Law Herald 2022.2 (2022): 80–87. http://dx.doi.org/10.26516/2071-8136.2022.2.80.
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The article is dedicated to the wide circle of questions, connected with the state registration procedure foreseen for a number of contracts by the law. The registration objects’ pluralism and registrating bodies’ diversity are pointed to. The rule of p. 3 art. 433 Civil Code of the Russian Federation, a plenty of changes in the civil legislation in the connection with the registrating procedure in a contracts are comprehended. Particular attention is made to the consequences of registrating demand’s infringement for different registrating objects (obligatory and disposal contracts, contract’s consequences). Regulations of contemporary law, various it’s changings during the last years, existing mistakes and demerits are under analyzing. Author’s point of view to the comprehension and using the rule of p. 3 art. 433 CC RF and some other rules is formulated. A number of conclusions (for example, about the separate effect of the p. 3 art. 433 CC RF’s rule for contract’s participants and for third persons, about the fiction of contract’s registration for it’s participants) is made and argued. Made conclusions are scrutinizing on the examples of various contracts, in which the registrating procedure is used. They are obligatory contracts (selling immovable property and business, leasing immovable property, building, construction, business) and disposal ones (mortgage, cession, novation of a debt, transference an immovable property object in the confidential managing property contract, giving a right in the commercial concession and licence contracts). Besides the Civil Code’s regulations special legislation touching upon questions of rights and bargains’ registration is used.
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Coulson, Andrea B. "KPMG’s True Value methodology." Sustainability Accounting, Management and Policy Journal 7, no. 4 (November 7, 2016): 517–30. http://dx.doi.org/10.1108/sampj-05-2016-0027.
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Purpose The purpose of this paper is to constructively critique KPMG’s “True Value methodology” which seeks to quantify in financial terms the value companies create or reduce for society. Design/methodology/approach This paper is based on a review of documents produced by KPMG detailing its methodology and corporate reports in the public domain of the True Value methodology applied in practice. The critique is divided into two sections. The first section reviews KPMGs methodological view of a bounded economic reality and offers potential starting points and limitations for a conceptual framing of the “methodology”. Practical insights on applying the methodology are offered in the second section. Findings The True Value methodology helps its producers understand the potential risk to future earnings posed by current externalities being internalised. KPMG’s socio-economic framing of future scenarios and financial valuation of environmental and social impacts is limited to a standardised commercial viewpoint. Potential opportunities exist for producers to involve stakeholders in the application of the methodology to form a more inclusive and pluralist conception of risk and values for social and environmental impacts. Practical implications This paper offers timely insights for companies using and considering the use of the “True Value” methodology and stakeholders considering their engagement in the application process and/or use of its findings. Originality/value The study is a constructive critique of this contemporary, financial practice of accounting for externalities developed by KMPG.
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Balčytienė, Auksė. "Apie trejopą Baltijos šalių žiniasklaidos tapatybę ir jos poveikį žiniasklaidos elgsenai." Informacijos mokslai 47 (January 1, 2008): 44–58. http://dx.doi.org/10.15388/im.2008.0.3343.
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Šiame straipsnyje taikomas lyginamasis žiniasklaidos tyrimų aspektas ir atskleidžiama, jog Lietuvos, Latvijos ir Estijos žiniasklaida savo šalių skaitytojams siūlo įvairių informacijos pasirinkimo galimybių. Taip pat, atkreipiamas dėmesys ir į tai, kad Baltijos šalys vienos pirmųjų jaunos demokratijos valstybių sėkmingai institucionalizavo žiniasklaidos savitvarkos sistemas. Tačiau nepaisant šių pozityvių slinkčių žiniasklaidos sistemų ir turinio įvairovės link, visuomenės informavimo praktika šiame regione ne visuomet tarnauja demokratijos tikslams. Žiniasklaidos priemonės gan dažnai tarnauja politikos ar verslo interesams. Taip pat, šiame straipsnyje išvardijami iš kitų Šiaurės Europos regiono šalių žiniasklaidos sistemų „pasiskolinti“ dalykai ir aptariamos autentiškosios žurnalistikos savybės. Straipsnis užbaigiamas nuomone, jog Baltijos šalių žiniasklaida yra labai kontrastinga: čia veikia įvairialypė – tiek komercinė, tiek ir visuomenė – žiniasklaida, kurios priemonėms būdinga sava darbo logika bei taikomos žurnalistinės normos.On tripartite identity of the Baltic media and its impact on media performanceAuksė Balčytienė SummaryThis article applies comparative analysis framework and demonstrates that media in the Baltic States offers rich news environment with diverse choices. As practice reveals, the three countries were also able (with more or less success) to institutionalize media self-regulation systems. In spite of these transformations towards democratic media, this article discloses that due to certain drawbacks (lack of internal media freedom and labile professional ideals) media performance does not always adequately serve the requirements of democracy. Very often media becomes an instrument to reach other (political or business) aspirations. In addition, the article focuses on certain aspects of media culture in the countries of the same geographic region (Baltic and Nordic countries) and identifies unique national and “imported” characteristics in the Baltic media systems and assesses their impact on media performance. Finally, it proposes that media cultures in the Baltic States represent mixed models with mainstream commercial and public service media each functioning with their own logic and professional journalistic norms.Keywords: Baltic media, Nordic media, media culture, small market, pluralism, liberalization, commercialization, professionalization
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Hartmann, Moritz, and Floris de Witte. "Regeneration Europe: Towards Another Europe." German Law Journal 14, no. 5 (May 1, 2013): 441–48. http://dx.doi.org/10.1017/s2071832200001899.
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This special issue of the German Law Journal is devoted to the ideas of regeneration Europe, an initiative that calls for a new normative paradigm for the European Union. At its very core, regeneration Europe argues that the European Union should be more European and that it should more firmly reflect the European modus operandi of society. While it is unmistakable that the European Union is experiencing a crisis of identity—among the many other types of crisis that the contributions to this special issue highlight—it is hardly controversial to state that Europe is more than a market, more than an incipient political community or fiscal union. To its citizens, Europe is, first and foremost, a tangible reality. The difficulty in describing the Union's normative texture, or the “nature of the beast,” as legal scholars particularly enjoy doing, does not reduce its tangible reality. Cultural diversity, political pluralism and individualism do not necessarily presume self-referential indecision. As Jonathan Franzen wrote on the indeterminacy of the US cultural framework:[I]t is fashionable … to say that there is no America anymore, there are only Americas; that the only things a black lesbian New Yorker and a Southern Baptist Georgian have in common are the English language and federal income tax. The likelihood, however, is that both the New Yorker and the Georgian watch Letterman every night, both are struggling to find health insurance, both have jobs that are threatened by the migration of employment overseas, both go to discount superstores to purchase Pocahontas tie-in products for their children, both are being pummeled into cynicism by commercial advertising, both play Lotto, both dream of fifteen minutes of fame, both are taking a serotonin reuptake inhibitor, and both have a guilty crush on Uma Thurman.
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KHRIDOCHKIN, Andriy. "Features of legal support of public administration procedures in the field of intellectual property in the countries of the European Union." Scientific Bulletin of Flight Academy. Section: Economics, Management and Law 6 (2022): 131–37. http://dx.doi.org/10.33251/2707-8620-2022-6-131-137.
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Abstract. The article deals with the peculiarities of public administration in the field of intellectual property and the conceptual foundations of its procedures in the countries of the European Union. The conceptual foundations of the formation and development of public administration procedures in the field of intellectual property in the countries of the European Union are revealed. The pluralism of approaches to determining public administration procedures in the field of intellectual property in the European Union countries is analyzed. The legal framework of public administration procedures in the field of intellectual property in the countries of the European Union is presented. A modern analysis of the legislation of the European Union for the Protection of Intellectual Property Rights, including: copyright and related rights; protection of rights to inventions; utility models; industrial designs; brands; geographical indications; branded names; plant varieties; layout of semiconductor products; commercial secrecy; as well as legislation on civil law and customs ways to protect intellectual property rights in the European Union, the practice of application. It is established that in the national legal systems of European countries the regulation of public relations in the field of intellectual property is given considerable attention. At the same time, neither universal international treaties nor national legal regulation in the field of intellectual property can ensure the effectiveness of legal protection of the results of intellectual creative activity. The acts of the European Communities on Public Administration in the field of intellectual property are analyzed. The process of improving public administration procedures in the field of intellectual property in the countries of the European Union is analyzed and the legal framework of this process is presented. The conclusion was made on the relevance of the study of problems of public administration in the field of intellectual property in the countries of the European Union. Key words: European Union, Intellectual Property, Intellectual Property Right, Procedure, Public Administration, Community Court, European Communities, Intellectual Property Sphere.
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Dzholos, Oleh. "THE LEGAL FRAMEWORK OF THE IMPLEMENTATION OF COMMUNITY MEDIA IN UKRAINE." Pomiędzy. Polonistyczno-Ukrainoznawcze Studia Naukowe 5, no. 2 (2022): 127–36. http://dx.doi.org/10.15804/ppusn.2022.02.13.
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The ongoing globalization of mass media offers ample opportunities for citizen debate and pluralism of thought. One of the recent world media trends is the creation of different models of public media, which are an alternative to other means of communication. Public media might address issues of contemporary journalism, namely the quality and independence of media, ensuring that citizens receive accurate and impartial information. Ukraine has undergone tremendous changes since it has gained independence in 1991 but the political and legal systems remain unduly centralized, the economy weak, and the government attempts to limit freedom of speech and work of media. During both the Orange Revolution in 2004 and the Euromaidan 2013–2014, the need to deepen democratic freedoms was emphasized. Major advocates of the reform called for strengthening the rule of law, decentralization, denationalization of media, and the establishment of community media in the country, which will be created by the society, serve the society, and work under its control. Measures to increase the diversity of Ukrainian media are one of the practical means to guarantee freedom of speech and diversity of viewpoints. The diversity of media includes not only the diversity of content and multiplicity of media owners but also the variety of media types. Along with traditional models of public service media and private commercial broadcasting, community media emerged as the “third level” of media development that enhances freedom of speech. This article examines the legal aspects of community media implementation in Ukraine, their compliance with the standards and principles of the media law of European countries that govern the media community, and illustrates the development of community broadcasting in the world. It also provides an overview of the international standards for community media, which are backed by legislatures and regulators. Analyzing the Ukrainian media legislative draft, the author of the article offers improvements to the content and funding of community media in Ukraine.
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Alam, Sohaib, Sadaf Khalid, Farhan Ahmad, and Muhammed Salim Keezhatta. "Mocking and Making: Subjugation and Suppression of Marginalized and the Politics of Identity." Journal of Education Culture and Society 12, no. 1 (June 17, 2021): 375–89. http://dx.doi.org/10.15503/jecs2021.1.375.389.
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Aim. The present study aims at foregrounding the importance of language and discourses advanced to suppress the voices of dissent and minorities. The subtle art of stimulating a psychologically suppressed identity or subjective violence is either through making or mocking historical facts, cultures, and human activities manifesting the concept of authoritarian democracy. Further, the aim of the study is to grasp the sense of constraints between universality and particularity that denounces the ‘reassertion of identity,’ among Indian Muslims. Moreover, the study judiciously examines disguised ‘mechanisms’ employed under authoritarian politics, tech-populism and journalism intending to promote businesses, dissemination of misinformation and contributes to creating an apocryphal human history, social alienation, and to discrediting an individual’s spontaneity.Concept. The innate unity in a democratic society can be actualised either by envisaging or by translating the texts, thoughts, language and actions, which are altogether conceiving distinctive meanings to morality, ethnicity and culture having its relevance in the contemporary context. The paper features multiple trends/cases of how a single-party monologue has weakened pluralism along with the domination of othering the ‘Others’ under racial, cultural, and national particularism. The paper qualitatively investigates different incidents of transcreation of discourse in establishing or reclaiming the identity contextualised in Frantz Fanon’s declaration of ‘reclaiming the past.’Results and conclusion. An ingenious discussion on dynamic languages, cultures and action enriches with time and individual incidents are discussed in the study. It re-evaluates the significance of revisiting the history to reclaim, reform, and reconstruct malleable identity and ideologies that take years to build, improvise and restore diversityabove majoritarian dogmatism in India. Originality. An inquiry into how thoughts, languages, and human action intertwined are to build a complaisant or contemptuous human identity is the idea behind the article. Indeed, the study’s originality depends on sorting and revisiting numerous dimensions of translation and transcreation of languages, linguistic structure, ideology,and political intent in recent times, either subjugating or falsifying facts against the marginalized in India. The attempt is based on analyzing how the shift in knowledge, culture and social identity construction supersede the less powerful. It is practiced through utilizing tech support, popular mass culture and evolves a discourse to manipulate andmobilize human consciousness for commercial and political gains.
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Sood, Gagan D. S. "Sovereign Justice in Precolonial Maritime Asia: The Case of the Mayor's Court of Bombay, 1726–1798." Itinerario 37, no. 2 (August 2013): 46–72. http://dx.doi.org/10.1017/s0165115313000703.
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From the beginning of the nineteenth century, remarkable developments in the realm of law were witnessed throughout the world. They expressed and paved the way for a new type of dispensation. For those parts of Asia and the Middle East with a substantial European presence, the legitimate rules, principles, and procedures for resolving disputes were progressively assimilated into systems of state-sanctioned legal pluralism. The process—at once gradual, charged, and punctuated—coincided with the initial consolidation of European imperial dominance and the emergence of Europe's modern global empires.Though these changes in the realm of law date from the nineteenth century, the European presence there had long preceded them. This was perhaps most notable in maritime Asia. The Europeans in this region tended to cluster in their factories or in certain quarters of the towns and cities dotting the Indian Ocean rim. Notwithstanding differences between, say, a Mocha and an Aceh in size, location, and form of government, all these settlements had one quality in common: each was able to profit from the traffic conducted along the coast or across the high seas. As for the sovereign justice on offer, the dispensation that governed it in early modern times was far removed from its later analogue. This stemmed in large part from the rationale and basis for the European presence. In particular, Europeans could not dominate maritime Asia's provincial and imperial powers, especially those located inland, and the great majority of those arriving from western Europe intended to return as soon as possible; despite some involvement in racketeering and other forms of surplus extraction—famously in attempts to introduce and enforce a system of passports in maritime transport and travel—their interests were mainly commercial, oriented towards trade and shipping; the indigenous populations remained on the whole large and resilient; and many of the skills and techniques vested in livelihoods long associated with the region retained their primacy. As a result, the only realistic option for Europeans in maritime Asia was to reconcile themselves to the prevailing order. And this they did, with most of the region's fundamentals, not least in the realm of law, continuing to develop along what were essentially indigenous lines.