Suchergebnisse

This thesis presents a theoretical investigation into March and Olsen's logic of appropriateness in organizational theory using methods from philosophical logic. The topic is formalization of the logic of appropriateness, and it focuses on the following research questions: (1) Which aspects of the logic of appropriateness should a logical-mathematical model aim at representing? (2) Is there a general logical-mathematical framework suitable for representing the features described in the answer to (1)? Applying the method of explication, it clarifies the relationship between the concepts involved in the logic of appropriateness, and develops one preliminary suggestion for a logical-mathematical model for the logic of appropriateness based on neighbourhood semantics. As part of the presentation of the logic of appropriateness, it also argues that the logic of appropriateness is fruitfully understood as a Weberian ideal type as opposed to, or in addition to, as empirical hypothesis. It concludes with observations on how the model can be improved and questions for future research.

This book departs from the premise that context and appropriateness represent complex relational configurations which can no longer be conceived as analytic primes but rather require the accommodation of micro and macro perspectives to capture their inherent dynamism. The edited volume presents a collection of papers which examine the connectedness between context and appropriateness from interdisciplinary perspectives. The papers use different theoretical frameworks, such as situation theory, speech act theory, cognitive pragmatics, sociopragmatics, discourse analysis, argumentation theory and functional linguistics. They reflect current moves in pragmatics and discourse analysis to cross disciplinary and methodological boundaries by integrating relevant premises and insights, in particular cognition, negotiation of meaning, sequentiality, recipient design and genre.

Background. Article 5(2) of the Code of Civil Procedure of Ukraine and Article 5(2) of the Code of Economic Procedure of Ukraine cause academic discussions and challenges in case law. In particular, they may be a reason for dismissing a claim if the court believes that the remedy chosen by the plaintiff to protect the violated civil right is not effective. However, the analysis of other provisions of Ukrainian law, as well as the understanding of the concept of effectiveness, raise doubts as to whether the court should analyse the effectiveness of the remedy chosen by the plaintiff. Therefore, the purpose of this article is to answer the question: should the court assess the effectiveness of the remedy or its appropriateness? In connection with this task, the study aims to analyze the concepts of appropriateness and effectiveness of remedies for the protection of violated rights. Methods. To achieve the purpose of the study, the author used the following methods: formal and logical, dialectical, and comparative. Results. The concept of "method of defense determined by law or contract" applied in Ukrainian legislation and its understanding in the doctrine and case law is studied. The categories of "effectiveness" and "appropriateness of the remedy" are analyzed. Conclusions. An effective remedy is one provided for by law or contract, or one that is not provided for by law or contract, but does not contradict the law, and which, in the opinion of the person whose right has been violated, is in his or her interests. A proper remedy is a remedy provided for by law or contract or not contrary to law, and which can be applied to protect the violated right based on the actual circumstances of the case. Any effective remedy is appropriate, however, not every appropriate remedy is effective. Appropriateness is an objective category, so it can be assessed not only by the subject of the relevant rights, but also by the court. Effectiveness is a subjective category, so it can be assessed only by the subject of the relevant rights, and should not be assessed by the court. Implementation of this idea requires amendments to the Code of Civil Procedure and the Code of Economic Procedure of Ukraine.