Recognition in international law: theoretical observations
In: American journal of international law, Band 35, S. 605-617
ISSN: 0002-9300
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In: American journal of international law, Band 35, S. 605-617
ISSN: 0002-9300
In: Michigan International Law Journal, Band 30, Heft 1
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In: New directions for youth development: theory, research, and practice, Band 2008, Heft 119, S. 25-37
ISSN: 1537-5781
AbstractThe literature explaining deviance, criminality, or violence offers a broad spectrum of approaches in criminology and sociology. Mostly the theories focus on specific levels of explanation like the macrolevel (for example, strain theories) or the microlevel (for example, self‐control theory).This article presents a relatively new theoretical approach combining different levels and focusing on three dimensions associated with specific kinds of recognition: social‐structural, institutional, and socioemotional. The social‐structural dimension refers to access to the functional systems of society and the accompanying recognition of position, status, and so on. The institutional dimension concentrates on the opportunity to participate in public affairs with the aim of getting moral recognition. The socioemotional dimension emphasizes the quantity and quality of integration in and social support from families, friends, partners, and so on, which provide emotional recognition.The underlying idea is that lack of access, participation, and belonging causes a lack of recognition. When this happens, social and individual problems increase. Thus, deviant and violent behavior can be seen as one potential reaction to a lack of recognition and as a way to gain status and recognition in a different manner (for example, with a delinquent peer group or other gang).
Thus far, the recognition approach as described in the works of Axel Honneth has not systematically engaged with the problem of poverty. To fill this gap, the present contribution will focus on poverty conceived as social exclusion in the context of the European Union and probe its moral significance. It will show that this form of social exclusion is morally harmful and wrong from the perspective of the recognition approach. To justify this finding, social exclusion has to fulfil three conditions: (i) it has to be experienced as harmful by the socially excluded, (ii) it has to meet certain objective criteria, and (iii) it has to violate normative claims embedded within society. ; (VLID)1680677
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In: European journal of political theory: EJPT, Band 11, Heft 3, S. 324-347
ISSN: 1741-2730
This paper presents a theoretical sketch for how the existence of civic associations in authoritarian regimes might be analysed. By relating the concepts of 'civil society' and 'recognition', I explore how associations are a potential locus of mutual recognition in any society, democratic or undemocratic. While there are many theorizations of both civil society and recognition in relation to democratic political contexts, normative theories seeking to explain the existence of associations in authoritarian societies are less robustly developed. Recognition, more specifically mutual recognition, is theorized not only as one key 'good' sought through the act of forming the associations of civil society, but also as a human need which will prompt the act of association within dangerous contexts. This analysis informs thinking behind acts of civil disobedience springing from civil society, as well as rationalizations for dissident activities undertaken by associations within authoritarian regimes.
ABSTRACTThe past decades have witnessed growing interest in the concept of recognition, in social movements as well as in social theory. While the 'recognition turn' has made recognition a cornerst.
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In: European journal of political theory: EJPT, Band 11, Heft 3, S. 324-348
ISSN: 1474-8851
In: Distinktion: scandinavian journal of social theory, Band 20, Heft 2, S. 173-189
ISSN: 2159-9149
In: Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, Band 120, S. 16-21
The article considers the peculiarities of declaring a transaction invalid as one of the elements of an effective bankruptcy system. Recognition of a transaction as invalid in civil law provides adequate protection of the rights and interests of persons who for any reason did not comply with the requirements of the law when committing a transaction. Recently, a court practice has appeared where the mechanisms such as invalidation of transactions are used in bankruptcy cases. Such remedies in bankruptcy proceedings play an extremely important role and as result the creditors' debts are more likely to be repaid in a liquidation procedure of the bankrupt. The purpose of this research was to examine the peculiarities of the regulation of relevant legal relations by the rules of civil law and bankruptcy law. To fulfill this task, the theoretical aspects of such regulation were studied, as well as relevant cases in this area were analysed. The author tries to prove the need for focusing on the general provisions of the Civil Code of Ukraine when applying the relevant provisions of the special (bankruptcy) law, but at the same time, taking into account the specific goals and objectives of the bankruptcy legislation. The article also pays attention to the peculiarities of terminology in this very specific area of private law relations. The researcher points out the need to reconcile the key terminology for this area with the legal constructions used in civil law within the process of further improving the bankruptcy law. This bears special importance in connection with the well-known processes of recodification of civil legislation. Keywords: civil law, bankruptcy, bankruptcy proceeding, transaction, recognition of a transaction as invalid.
Recently, the Republic of Ireland's constitution has been shaped by liberal politics aimed at securing personal autonomy, whilst Northern Ireland's politics have been dominated by the problem of political autonomy and democratic legitimacy. This volume presents a range of contemporary theoretical responses to issues in Irish politics in both jurisdictions.
In: The journal of political philosophy, Band 25, Heft 3, S. 259-280
ISSN: 1467-9760
It is known that in the past few years, the Uzbek offense has been actively reforming the economic procedural and arbitration procedural criminal prosecution in search of new effective economic and judicial remedies. In the applied aspect of civil and economic/economic procedural law, interest in the difficulties and suppression of local offenses. At the same time, from the study of the recognition and enforcement of foreign interim measures as a means of protection and its study in the countries of the Romano-Germanic distribution system in Uzbekistan, it has a large number of problems of a practical, one might say, and theoretical nature. In connection with this use of Uzbek economic procedural law, the application of the process of interim measures in international civil law can enrich Uzbek procedural law.
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In: American University International Law Review, Band 27
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In: Securitologia: Securitology = Sekjuritologija, Band 23, Heft 1, S. 15-31
ISSN: 2449-7436
This article consists of two parts. The first part is based on the theoretical analysis of the concept of safety and prevention measures in road traffic, described in the existing literature and statistics. Whereas the second part focuses on the analysis of vehicle insurance as a financial instrument of economic safety of road traffic participants. In the 21st century, one of very important problems, not only socially but also economically, referring to Poland and other EU countries is the ongoing development of motorisation and, consequently, the progress in transportation. Unfortunately, this development sometimes leads to the growing number of road accidents and their effects.
In: Critical horizons: a journal of philosophy and social theory, Band 7, Heft 1, S. 63-100
ISSN: 1568-5160