Content, Correlation, and Meaning of Categories ‘Legal Person’ and ‘Legal Personality’: General-Purpose Aspect

2019 ◽  
Vol 10 (7) ◽  
pp. 2156
Author(s):  
Vitalii V. VOLYNETS ◽  
Volodymyr A. SICHEVLIUK ◽  
Ilona V. KAMINSKA
Keyword(s):  
General Theory ◽  
General Purpose ◽  
Legal Person ◽  
Present Stage ◽  
Legal Personality ◽  
Individual Level ◽  
New Knowledge ◽  
Theory Of Law ◽  
The Individual

At the present stage of its development, the general theory of law is aimed at achieving, as far as possible, a greater degree of practical use. Legal theorists seek to answer questions that are devoid of scholastic nature and derive from the practice of real legal relations. The performance of this task involves the movement of fundamental science, which is the general theory of state and law, on the path of ascending from the array of abstract reflections of legal reality, already formed by it, to obtaining its more specific theoretical reproductions. The purpose of this study is to present the correlation of categories such as ‘legal person’ and ‘legal personality’. The relevance of the study lies in the inability to gain new knowledge without the dialectical application of the framework of categories and concepts and methodology of the theory of law to the study of special (e.g., branch) and single (implemented at the individual level) legal phenomena in their relation to the general regularities of the functioning of the state and law. The research presents the content, correlation and meaning of these categories in the theory of law, and demonstrates their diversified use in Ukrainian legislation. The content of the category ‘subject of law’ covers those persons to whom the rights, duties and responsibilities, which are enshrined in the rules of objective law, are addressed. The category of ‘legal personality’ emphasizes the key role of objective law in constituting legal personality.  

The International Legal Personality of the Individual

2018 ◽  
Author(s):  
Astrid Kjeldgaard-Pedersen
Keyword(s):  
International Law ◽  
Legal Rights ◽  
Legal Personality ◽  
Legal Norms ◽  
State Of Affairs ◽  
The Individual ◽  
International Legal Personality ◽  
The Relationship ◽  
Second World

This book scrutinizes the relationship between the concept of international legal personality as a theoretical construct and the position of the individual as a matter of positive international law. By testing four main theoretical conceptions of international legal personality against historical and existing international legal norms that govern individuals, the book argues that the common narrative about the development of the role of the individual in international law is flawed. Contrary to conventional wisdom, international law did not apply to States alone until the Second World War, only to transform during the second half of the twentieth century to include individuals as its subjects. Rather, the answer to the question of individual rights and obligations under international law is—and always was—solely contingent upon the interpretation of international legal norms. It follows, of course, that the entities governed by a particular norm tell us nothing about the legal system to which that norm belongs. Instead, the distinction between international and national legal norms turns exclusively on the nature of their respective sources. Against the background of these insights, the book shows how present-day international lawyers continue to allow an idea, which was never more than a scholarly invention of the nineteenth century, to influence the interpretation and application of contemporary international law. This state of affairs has significant real-world ramifications as international legal rights and obligations of individuals (and other non-State entities) are frequently applied more restrictively than interpretation without presumptions regarding ‘personality’ would merit.

scholarly journals Ambidexterity as Practice: Individual Ambidexterity Through Paradoxical Practices

2020 ◽  
Vol 56 (2) ◽  
pp. 143-165 ◽  
Author(s):  
Angeliki Papachroni ◽  
Loizos Heracleous
Keyword(s):  
Organization Theory ◽  
Practice Theory ◽  
Greek Philosophy ◽  
Exploration And Exploitation ◽  
Individual Level ◽  
Competing Demands ◽  
The Individual ◽  
Previous Learning

Following the turn to practice in organization theory and the emerging interest in the microfoundations of ambidexterity, understanding the role of individuals in realizing ambidexterity approaches becomes crucial. Drawing insights from Greek philosophy on paradoxes, and practice theory on paradoxes and ambidexterity, we propose a view of individual ambidexterity grounded in paradoxical practices. Existing conceptualizations of ambidexterity are largely based on separation strategies. Contrary to this perspective, we argue that individual ambidexterity can be accomplished via paradoxical practices that renegotiate or transcend boundaries of exploration and exploitation. We identify three such paradoxical practices at the individual level that can advance understanding of ambidexterity: engaging in “hybrid tasks,” capitalizing cumulatively on previous learning, and adopting a mindset of seeking synergies between the competing demands of exploration and exploitation.

scholarly journals How Can Psychological Science Help Counter the Spread of Fake News?

2021 ◽  
Vol 24 ◽  
Author(s):  
Sander van der Linden ◽  
Jon Roozenbeek ◽  
Rakoen Maertens ◽  
Melisa Basol ◽  
Ondřej Kácha ◽  
...  
Keyword(s):  
Research Agenda ◽  
Source Credibility ◽  
Fake News ◽  
Intervention Effectiveness ◽  
Motivated Cognition ◽  
Individual Level ◽  
Psychological Science ◽  
Open Questions ◽  
The Individual

Abstract In recent years, interest in the psychology of fake news has rapidly increased. We outline the various interventions within psychological science aimed at countering the spread of fake news and misinformation online, focusing primarily on corrective (debunking) and pre-emptive (prebunking) approaches. We also offer a research agenda of open questions within the field of psychological science that relate to how and why fake news spreads and how best to counter it: the longevity of intervention effectiveness; the role of sources and source credibility; whether the sharing of fake news is best explained by the motivated cognition or the inattention accounts; and the complexities of developing psychometrically validated instruments to measure how interventions affect susceptibility to fake news at the individual level.

scholarly journals Oral Sensitivity to Flowability and Food Neophobia Drive Food Preferences and Choice

Foods ◽  
2021 ◽  
Vol 10 (5) ◽  
pp. 1024
Author(s):  
Sharon Puleo ◽  
Paolo Masi ◽  
Silvana Cavella ◽  
Rossella Di Monaco
Keyword(s):  
Food Choice ◽  
Food Preferences ◽  
Food Neophobia ◽  
Individual Level ◽  
Choice Preference ◽  
Food Liking ◽  
Texture Sensitivity ◽  
The Individual ◽  
Oral Sensitivity

The study aimed to investigate the role of sensitivity to flowability on food liking and choice, the relationship between sensitivity to flowability and food neophobia, and its role in food liking. Five chocolate creams were prepared with different levels of flowability, and rheological measurements were performed to characterise them. One hundred seventy-six subjects filled in the Food Neophobia Scale and a food choice questionnaire (FCq). The FCq was developed to evaluate preferences within a pair of food items similar in flavour but different in texture. Secondly, the subjects evaluated their liking for creams (labelled affective magnitude (LAM) scale) and the flowability intensity (generalised labelled magnitude (gLM) scale). The subjects were clustered into three groups of sensitivity and two groups of choice preference. The effect of individual flowability sensitivity on food choice was investigated. Finally, the subjects were clustered into two groups according to their food neophobia level. The sensitivity to flowability significantly affected the liking of chocolate creams and the solid food choice. The liking of chocolate creams was also affected by the individual level of neophobia (p = 0.01), which, in turn, was not correlated to flowability sensitivity. These results confirm that texture sensitivity and food neophobia affect what a person likes and drives what a person chooses to eat.

LEGAL STATUS OF THE SOLE EXECUTIVE BODY OF A LIMITED LIABILITY COMPANY

2021 ◽  
Author(s):  
Yulia Fanilevna Aitova ◽  
Keyword(s):  
General Theory ◽  
Legal Status ◽  
Limited Liability ◽  
Point Of View ◽  
Limited Liability Company ◽  
Points Of View ◽  
Theory Of Law ◽  
The Individual ◽  
Executive Body

The article analyzes the issue of determining the legal status of the individual management body of a limited liability company. The author begins his research with the concept of legal status existing in the general theory of law, and then proceeds to consider the issue from the point of view of philosophical categories. In addition, the work explores the diversity of points of view existing in the doctrine regarding the legal status of the individual management body of economic societies.

The Evolution of the Role of U.S. School Nurses in Adolescent Mental Health at the Individual, Community, and Systems Level: An Integrative Review

2022 ◽  
pp. 105984052110681
Author(s):  
Ashwini R. Hoskote ◽  
Emily Croce ◽  
Karen E. Johnson
Keyword(s):  
Mental Health ◽  
Adolescent Mental Health ◽  
School Nurse ◽  
School Nurses ◽  
Integrative Review ◽  
School Nursing ◽  
Individual Level ◽  
The Individual ◽  
The Impact

School nurses are crucial to addressing adolescent mental health, yet evidence concerning their evolving role has not been synthesized to understand interventions across levels of practice (i.e., individual, community, systems). We conducted an integrative review of school nurse roles in mental health in the U.S. related to depressive symptoms, anxiety, and stress. Only 18 articles were identified, published from 1970 to 2019, and primarily described school nurses practicing interventions at the individual level, yet it was unclear whether they were always evidence-based. Although mental health concerns have increased over the years, the dearth of rigorous studies made it difficult to determine the impact of school nurse interventions on student mental health outcomes and school nurses continue to feel unprepared and under supported in this area. More research is needed to establish best practices and systems to support school nursing practice in addressing mental health at all levels of practice.

scholarly journals The Interaction of Organizational Capabilities and Individual Competences for Open Innovation in Small and Medium Organizations

2019 ◽  
Vol 85 ◽  
pp. 148-175
Author(s):  
Ilma Pranciulytė-Bagdžiūnienė ◽  
Monika Petraitė
Keyword(s):  
Open Innovation ◽  
Strategic Thinking ◽  
Innovation Performance ◽  
Organizational Capabilities ◽  
Organizational Skills ◽  
Individual Level ◽  
Mediating Role ◽  
Business Environments ◽  
The Individual

Open innovation serves as a principal paradigm for success in diverse and dynamic business environments, as it gives the promise of a better-marked acceptance, a higher level of novelty, and managed innovation risks. However, SMEs face a critical challenge in developing open innovation capabilities and establishing new organizational processes that would empower employees to perform in open innovation regimes. We analyze the mediating role of organizational capabilities for employing and facilitating individual competences for innovation performance improvement as based on a survey of 266 SMEs. This study aimed to identify links between organizational capabilities and individual comp etences in AI for innovation performance in SMEs. The results of our study showed that organizational capabilities in AI at the level of organizations play a role as a mediator between competences for AI at the individual level and the progress of innovations. Considering that organizational skills in AI (organizational culture openness, organizational learning and trust, knowledge management systems, etc.) are strong organizational tools that help to increase the efficiency of AI and individual competences (to enhance employee creativity, enhance interaction with partners) as well as management competences (flexibility, ability to work with various professional communities, strategic thinking, etc.). This study partially refutes the assumptions that SMEs can only achieve innovative progress through individual competences in AI. Organizational capabilities in AI are also very important for AI implementation.

scholarly journals Emilio Betti: from the history of law to the general theory of interpretation

2020 ◽  
pp. 30-44
Author(s):  
Iuliia Rossius
Keyword(s):  
General Theory ◽  
Practical Importance ◽  
Dialectical Tension ◽  
History Of ◽  
History Of Law ◽  
The Subject ◽  
Theory Of Law ◽  
The Impact ◽  
Hans Georg Gadamer

The goal of this article consists in demonstration of the impact of research in the field of history and theory of law alongside the hermeneutics of Emilio Betti impacted the vector of this philosophical thought. The subject of this article is the lectures read by Emilio Betti (prolusioni) in 1927 and 1948, as well as his writings of 1949 and 1962. Analysis is conducted on the succession of Betti's ideas in these works, which is traced despite the discrepancy in their theme (legal and philosophical). The author indicates “legal” origin of the canons of Bettis’ hermeneutics, namely the canon of autonomy of the object. Emphasis is placed on the problem of objectivity in Betti's theory, as well as on dialectical tension between the historicity of the interpreted subject and strangeness of the object that accompanies legal, as well as any other type of interpretation. The article reveals the key moment of Betti's criticism of Hans-Georg Gadamer. Regarding the question of historicity of the subject of interpretation. The conclusion is made that the origin of the general theory of interpretation lies in the approaches and methods developed and implemented by Betti back in legal hermeneutics and in studying history of law.   Betti's philosophical theory was significantly affected by the idea on the role of modern legal dogma in interpretation of the history of law. Namely this idea that contains the principle of historicity of the subject of interpretation, which commenced  the general hermeneutical theory of Emilio Betti, was realized in canon of the relevance of understanding in the lecture in 1948, and later in the “general theory of interpretation”. The author also underlines that the question of objectivity of understanding, which has crucial practical importance in legal hermeneutics, was transmitted into the philosophical works of E. Betti, finding reflection in dialectic of the subject and object of interpretation.

Politicizing Solidarity in Times of Crisis: The Politics of Alternative Action Organizations in Greece, Italy, and Spain

2018 ◽  
Vol 62 (6) ◽  
pp. 796-815 ◽  
Author(s):  
Lorenzo Zamponi ◽  
Lorenzo Bosi
Keyword(s):  
Public Sphere ◽  
Cultural Practices ◽  
Social Solidarity ◽  
Individual Level ◽  
The Public ◽  
Alternative Action ◽  
Visible Effect ◽  
The Public Sphere ◽  
The Individual

Alternative action organizations (AAOs) are collective bodies engaged in carrying out alternatives to dominant socioeconomic and cultural practices through actions that aim to provide people with alternative ways of enduring day-to-day difficulties and challenges in hard economic times. They are often interpreted as merely “philanthropic” actors, although it is not rare to see them go beyond the provision of direct services to people in need and end up pursuing political goals through political means. This article focuses on the process of politicization, that is, the transition of issues from the private to the public sphere and thus the use of public forms of contention (e.g., protest) proposing public solutions at the collective level instead of private solutions at the individual level. We argue for the role of the crisis in the politicization of AAOs. In particular, we show that the appropriation of the context as a context of economic crisis in the discourse of AAOs has a visible effect on their politicization, in terms of both repertoire of actions and goals. Furthermore, we show that social solidarity organizations, those that are not inherently politicized, are the main protagonists of this crisis-triggered transition. The article draws on statistical analysis of the data collected through the coding of AAOs’ websites in Greece, Italy, and Spain.

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