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The New Lithuanian Labor Code

The New Lithuanian Labor Code

Author(s): Violeta Kavaliauskaitė / Language(s): English / Issue: 3/2004

Keywords: Lithuanian labor code (structure; general relations)

The adoption of the new Lithuanian Labor Code marked an important step forward in the regulation of labor relations in Lithuania. As are many new laws, it is not without defects and ostensibly will be amended. But the fact that a large number of individual labor laws were codified signifies an important attempt to systematize labor relations, which should add stability and cohesion to Lithuanian labor relations. The content and character of the Code reflects the changes that Lithuania underwent after re-establishment of its independence as well as its objectives as it stands on the threshold of the European Union. The new Lithuanian Labor Code is a combination of the provisions transferred from the individual labor laws that regulated labor relations in Lithuania for over ten years since Lithuania re-established its independence, and provisions that were drawn up based on the labor laws of other western democratic countries and EU labor law. The content and character of the Code also revealed the influence that it may have on the employment relationships of the subjects of labor relations. Since labor law is neither purely private nor purely public law, the employment relationship between the employer and employee is influenced by and has features of both. An analysis of the Code, however, brings us to the conclusion that labor relations are rather closely regulated by the state in Lithuania. The section by section analysis of the Code demonstrated that the degree of state influence on the regulation of collective and individual labor relations is not the same. Part II of the Code dealing with collective labor relations reflects a fairly moderate participation of the state in the regulation of labor relations. This part is more influenced by the EU labor law. Therefore, this part of the Code provides more opportunities for the dialogue and compromise between the subjects of labor law. Given the special social nature of labor law, a certain de

Thought in Capture of Eschatology of Scientific and Technologic Progress Have We Occupied the Next Century?

Thought in Capture of Eschatology of Scientific and Technologic Progress Have We Occupied the Next Century?

Author(s): Fatima Lačević / Language(s): English / Issue: 2-3/1997

It is certainly nothing new to reveal in the modern philosophic thought that the sources of its understanding of the phenomenon of the modern world are in the sign of the Descartes-Hegel’s determination of the thought for substance (substantia). Cogito ergo sum and the first principle of the method of awareness to start from that which is indubitably that in which in awareness one does not ask about further, these are at least those two found fundaments from which the overall and uniform architecture of the modern world is produced. We primarily mean the creation as that punctum in which homo faber, homo economicus, homo consumens, homo philosophicus, homo sapiens, s first homo creans. Establishment of a man as a creator models the forms of the world which are harmonized, emancipated only according to the indubitable “point” that the man is existent. The modern world has institutionalized the link between the affirmation and neutralization of man into a hypocrisy of joy and hope for a creation of the new. Repeatedly new as the proof of the power of man-creator: “The man is the Spirit who can never judge the largesse and the power of his spirit” (Hegel).

KARL-OTTO APEL ON INTERSUBJECTIVITY AND ETHICS

KARL-OTTO APEL ON INTERSUBJECTIVITY AND ETHICS

Author(s): Vasile Macoviciuc / Language(s): English / Issue: 01/2011

Keywords: ethics; inter-subjectivity; value judgment; responsibility, categorical imperative.

K. O. Apel is preoccupied with the grounding and foundations of an ethics of joint responsibility, such that the control of the alienating, anti-human and anti-humanistic consequences of the technical and scientific society be possible. The nucleus of the argumentation resides within the displaying of the inter-subjective and dialogic structure of logic, reason, and discourse; this reference cancels the scientist attitude assumed by analytic epistemologies and, at the same time, the methodic and methodological solipsism having a Cartesian origin.

Observations on the principle of autonomy of the will in the private international law of contracts

Observaţii privind principiul autonomiei voinţei în dreptul internaţional privat al contractelor

Author(s): Alina Elena Oprea / Language(s): Romanian / Issue: 05/2012

Keywords: international contracts; autonomy of the will; lex voluntatis; de electio juris clause; imperative rules

Being the top of the arch in the private international law of contracts, the principle of autonomy of the will is expressed nowadays in art.3 of Rome I European Regulation regarding the law applicable to the contractual obligations. In this study it is examined from the perspective of its theoretical bases, of the enforcement conditions and of its material consequences, in the attempt to demonstrate to what extent the legal text is successful for its conciliation with the necessity of assuring the law authority.

La nature juridique de l’arbitrage privé

Natura juridică a arbitrajului privat

Author(s): Augustin-Daniel Humelnicu / Language(s): / Issue: 01/2015

Keywords: litige civil; arbitrage privé; nature juridique.

La nouvelle réglementation de l’arbitrage privé apparaît comme une modalité privée pour solutionner le litige entre les parties par une personne choisie par celles-ci. Les nouvelles prévisions ne sont pas très différents par rapport au Code de procédure civile précédent. Quant à la nature juridique de l'arbitrage, la doctrine connaît trois thèses, à savoir: une "compétence" autre "contractualiste» et autre «dual» ou mixte. Cependant, à l'heure actuelle, compte tenu des règlements internes de la Roumanie, est sans aucun doute que l'arbitrage comporte deux volets, à savoir la composante «contractuelle» (ou contractualiste) et la composante «légal».

Morphonotactics in L1 acquisition of Lithuanian:

Morfonotaktika leedu keele omandamisel esimese keelena:

Author(s): Laura Kamandulytė-Merfeldienė / Language(s): Estonian / Issue: 11/2015

Keywords: morphonology; consonant cluster; phonotactics; morpheme; morpheme boundary; Lithuanian

The aim of the present study is to test the Strong Morphonotactic Hypothesis (SMH), according to which speakers use morphonotactic consonant clusters as morphological boundary signals (Korecky-Kröll et al. 2014). It is hypothesized that morphonotactic clusters will be better retained during production than phonotactic clusters due to the function fulfilled by a morpheme. The study is based on experimental data collected from 60 Lithuanian TD children and 11 Lithuanian SLI children. This study explores the impact of morphology on the acquisition of phonotactics. The findings suggest that TD children process morphonotactic clusters more accurately than phonotactic clusters because morphonotactic clusters have the function of co-signalling the existence of a morphological rule. In contrast to TD children, for SLI children prototypical morphonotactic clusters are the most difficult as SLI children are not sensitive to morphological information which is carried by morphonotactic clusters.*

Verbal categories in Salaca Livonian grammar

Verbal categories in Salaca Livonian grammar

Author(s): Karl Pajusalu / Language(s): Latvian / Issue: 4/2014

Keywords: morphology; morphosyntax; verbal categories; Livonian; Estonian; Latvian;

The Latvian territory in the central Baltic region has historically been a core area of the Baltic Sea Sprachbund. Besides the Baltic languages, several Finnic varieties have been spoken in this region. The present study focuses on verbal categories of one variety among them – Salaca Livonian, the only ancient Vidzeme Livonian dialect for which a language corpus is available. In the research history of Finnic languages, Salaca Livonian has often been seen as a mixed variety of Estonian and Livonian. However, it has actually been a mixture of at least three languages – Estonian, Livonian, and Latvian. This paper is an attempt to analyze Salaca Livonian verbal categories according to Estonian and Latvian grammatical traditions. Two main hypotheses are studied. First, it is shown that Salaca Livonian verb forms combine Finnic and Latvian grammatical categories. Secondly, the forms which allow different descriptions indicate weak boundaries or transitions between categories. Salaca Livonian verb morphology unites a number of archaic and innovative features in the making of verb paradigms.

A Kantian Approach to Altruism in Respect and Love

A Kantian Approach to Altruism in Respect and Love

Author(s): Yuhang Guo / Language(s): English / Issue: 1/2017

Keywords: Altruism; Respect; Love; Categorical Imperative;

The requirement of altruism is a defining feature of morality. This apparently makes acting partially, e.g. regarding loved ones, morally wrong and forbidden.The question arises how do we apply or use effective altruism in practice. This paper will seek to answer that question with Kant’s categorical imperative, by defending an interpretation of altruism in terms of two subsidiary principles:moral love and moral respect. I will argue that Kantian moral altruism is not merely a matter of logical consistence or even a deconstruction of humanity by reason alone; it must be valued in a more specifically non-formalistic sense that is, moral respect and love. I will also argue that as independent values implied inhumanity formulation. Moral respect and love are compatible and can be illustrated the effective altruism.

ROLE OF PERSONAL AND PROFESSIONAL IMPERATIVES FOR ESTABLISHING OF SCIENTIST IN CONDITIONS OF GLOBALIZATION EDUCATIONAL PROCESSES

РОЛЬ ОСОБИСТІСНИХ ТА ПРОФЕСІЙНИХ ІМПЕРАТИВІВ У СТАНОВЛЕННІ НАУКОВЦЯ В УМОВАХ ГЛОБАЛІЗАЦІЙНИХ ОСВІТНІХ ПРОЦЕСІВ

Author(s): Vynohradova Nataliia,Tynkovan Oksana / Language(s): English,Ukrainian / Issue: 3/2017

Keywords: Scientist; imperative; personal imperative; professional imperative; globalization processes; research activity; education;

The article substantiates key demands for activity and creativity of scientists in current condition of global problems escalation. Factors which influent on establishing of personal and professional imperatives of scientist: danger of ecological and anthropological catastrophe, social conflicts which generate destruction, extermination, terror, commercialization of science, commoditization of knowledge, spiritual impoverishment and decline of human sciences are analyzed. It is noted, that current progress of science and technology creates a new opportunities for human development and transition of terrestrial civilization on the new qualitative level, but it also bring real threat of annihilation. It is the especially true issue and high level of responsibility of scientific society and scientist for human destiny.

The Problem of Truth in Prescriptive Statements

The Problem of Truth in Prescriptive Statements

Author(s): Iovan Marțian / Language(s): English / Issue: 1/2016

Keywords: imperative statements; legal texts; truth; demonstration; justice

This article argues the need to address the law, that is, the legal prescriptions, with reference to alethic criteria. Even though they have an imperative meaning, legal norms and prescriptive sentences cannot elude the problem of truth. Legal norms generally emerge from certain knowledge and real experience, which are embedded in laws and in the way in which legal texts are written. The rationale undertaken by the author converges into demonstrating that the aim of carrying out justice and the functioning of the legal system in a society are unconditionally reliant on finding the truth. These aims are the result of coherent, true, necessary, and sufficient knowledge.

Genre Analysis in the Translation of Instruction Manuals

Genre Analysis in the Translation of Instruction Manuals

Author(s): Paul Movileanu / Language(s): English / Issue: 07/2014

Keywords: instruction manual; user manual; specialized translation; genre analysis; user guide;

This article describes English instruction manuals as a specialized genre in relation to their translation into other languages. Instruction manuals are a frequently used genre in today's world. In order to translate them appropriately, translators need to know their characteristics. Although they seem easy to understand and translate, instruction manuals have certain syntactic, semantic, and pragmatic characteristics that should be known in advance by any translator who sets out to translate such a text. Using a framework of genre analysis suggested by Anthony Pym, the article describes instruction manuals based on seven major categories.

“Governance by the Rule of Law”: Parliamentarism in Romania - Constitutional Traditions and Topicality

“Governance by the Rule of Law”: Parliamentarism in Romania - Constitutional Traditions and Topicality

Author(s): George Gîrleșteanu / Language(s): English / Issue: 45/2015

Keywords: parliamentarism; democratic traditions; bicameralism; representative mandate; majority; minority;

The present Romanian constitutional context underscores particular coordinates of the institution of Parliament and parliamentarismwhose specificity is given by the democratic traditions of the Romanian state and people in the area of parliamentarism. These traditions become normative through provisions of Article 1 (3) of the Constitution according to which “Romania is a democratic and social state, governed by the rule of law, in which human dignity, the citizens’ rights and freedoms, the free development of human personality, justice and political pluralism represent supreme values, in the spirit of the democratic traditions of the Romanian people and the ideals of the Revolution of December 1989, and shall be guaranteed”. The present study pursues the legal determination of the fundamental coordinates of current Romanian parliamentarism through the analysis of the role and the bicameral structure of the Parliament of Romania, as well as through the analysis of the statute of the institution of MP in our constitutional system.

“Homo Nooeconomicus” as a Human Image for the Noospheric Epoch

“Homo Nooeconomicus” as a Human Image for the Noospheric Epoch

Author(s): Grigory Stanislavovich Smirnov,Alena Odintsova / Language(s): English / Issue: 11/2019

Keywords: homo economics;homo sapiens noospherus;homo nooeconomicus;nooeconomic consciousness;economic imperative;

The article is devoted to the conceptualization of the “new homo economicus” model through the ideas of the noospheric human image and noospheric economy. The authors claim that the epoch of noosphere requires a thorough review of human qualities core. It is shown that the image of a “due” economic entity can be based on the model of “homo nooeconomicus”, whose key features are determined by the specificities of his worldview, realized from the perspective of the noospheric economic consciousness. The authors show that this form of consciousness provides the reflection and construction of relations between economic agents in the processes of manufacture, distribution, exchange and consumption of goods and services from the standpoint of fairness and responsibility in order to ensure reasonable sustainable socio-natural and socio-cultural development. It is stated that the cultural centers of the nooeconomic consciousness ensure creative, fair and responsible activity of the “homo nooeconomicus” in the biosphere, sociosphere, technosphere and the sphere of culture.

"What are We to Do, and What May We Hope for?" A Semi-Kantian Treatment of the Second and the Third of Kant’s Three Big Questions

"What are We to Do, and What May We Hope for?" A Semi-Kantian Treatment of the Second and the Third of Kant’s Three Big Questions

Author(s): Fritz Wenisch / Language(s): English / Issue: 1/2004

Keywords: Immanuel Kant; Kant’s philosophy; Kant’s questions; Kantian system; phenomenology;

I am not a Kantian. In fact, I consider the outlines of the Kantian system as he developed it in his first Critique as incoherent in several respects. Two of them are: First, as Fichte suggested, the very concept of a thing-in-itself causes an insurmountable problem for Kant; for how can one know that an entity supposedly totally unknown to us is the origin of the chaos of sense perception? Second, there is the well-known related difficulty with respect to causality, a category supposedly applicable only in the realm of phenomena, while at the same time, the non-phenomenal thing-in-itself somehow is to "give rise to" the chaos of sense perceptions. As a minimum, this comes dangerously close to a strictly forbidden transcendent application of causality2. I consider both problems as fatal to the Kantian system. [...]

Limitations on the application of the chosen law in international commercial contracts' dispute resolution

Limitări ale aplicării legii alese în soluţionarea litigiilor privind contractele de comerţ internaţional

Author(s): Carmen Tamara Ungureanu / Language(s): Romanian / Issue: 1/2020

Keywords: overriding mandatory rules; public policy; international commercial contracts; international commercial arbitration;

The parties to an international commercial contract can choose the law applicable to their contract, as the party autonomy principle states. However, this freedom of choice is not unlimited. The chosen law could be repealed, in whole or in part, if it violates public policy or if certain overriding mandatory rules intervene. With the aim of determining the limits of the chosen law in international commercial contracts' dispute resolution, in the first part of the paper the terms used, those of public policy and overriding mandatory rule, will be clarified and their scope in European Union law (EU) and in Romanian law (1) will be examined. In the second part, the national courts and arbitral tribunals' approach on overriding mandatory rules and, only tangentially, on public policy in international commercial contracts' dispute resolution will be briefly addressed. (2).

Pragmasemantic Analysis of the Hungarian Inferential – Evidential Expression szerint

Pragmasemantic Analysis of the Hungarian Inferential – Evidential Expression szerint

Author(s): Anna Szeteli,Mónika Dóla,Gábor Alberti / Language(s): English / Issue: Special/2019

Keywords: inferentiality; evidentiality; uncertainty; quotation; advice; instruction; dynamic pragmasemantics; information state;

The Hungarian inferential-evidential expression szerint ‘according to somebody/something’ is highly multifaceted. It can be furnished with person and number suffixes. It can occur in all major sentence types but with different person features and/or collocations. It can be associated with a quotative meaning and can express some kind of judgment in declarative sentences and questions, too. Imperative sentences can serve as a source of its further uses: it can be interpreted both as advice and as an expression of the speaker’s firm stance typically based on moral concerns. We intend to account for this extremely complex distribution with respect to person, attitude, sentence type and collocation in a highly systematic and explanatorily adequate manner in the “cognitively viable” representationalist dynamic discourse- and mind-representation theory ℜeALIS. We attempt to carry out this task in a way that sheds new light on how such expressions make language a basic means of achieving epistemic control and intersubjective alignment.

The Influence of the Human Factor on the Success of the Localization Project of the Automated Technological Line for Wood Production

The Influence of the Human Factor on the Success of the Localization Project of the Automated Technological Line for Wood Production

Author(s): Radka Vaníčková / Language(s): English / Issue: 1/2021

Keywords: Localization project; methods Stakeholder analysis and Traffic light method; Belbin’s typology of team roles; International Project Management Association; leadership

The digital revolution has moved translation from the world of paper documents to the land of software, websites, multimedia and databases, giving rise to the concept of localization. The purpose of localization is a specific product that will look as if it was intended for a given target market, regardless of language, culture or country. The aim of the paper is to acquire an automated technological line for the cutting of large-area materials, especially chipboard and joints. The methods used were Stakeholder Analysis represented by a matrix structure in tabular form with a point scale ranging from 1 to 10. In order to implement project feedback and subsequent controlling, another method was used, namely the Traffic Light Method. Through the acquired knowledge and finding out the influence of the human factor on the success of the project, it was proved that the success of completing a local project depends mainly on the role and competencies of the project manager in cooperation with the powers of individual members of the project team. One of the main causes of project failure is inappropriate project management methods used, but also failure of human capital.

FISCAL REFORM IN THE CONTEXT OF EU INTEGRATION. A ROMANIAN PERSPECTIVE

FISCAL REFORM IN THE CONTEXT OF EU INTEGRATION. A ROMANIAN PERSPECTIVE

Author(s): Mihaela Tofan / Language(s): English / Issue: 16/2019

Keywords: fiscal policy; EU area; integration; Romanian taxation;

Acting as EU member, Romania participates in the legislative process at this level and recognizes the principles of direct, immediate and priority applicability of EU legislation in national legal framework. Even if specialized legal literature has presented consistently the principle of fiscal sovereignty of member states within the European Union, we note the need for tax harmonization and the progress that has already been made in this direction. Tax harmonization at EU level is the complex process of aligning the normative rules in taxes levied by the Member States in order to reduce (and, if possible, eliminate) the negative effects the differences between Member States tax systems are generating on the common market. The most effective instrument for implementing tax harmonization is, in our view, achieving a Fiscal Union among the Member States. Inside the EU, the level of tax harmonization is far outweighed by the monetary harmonization, despite the fact that fiscal policy and monetary policy are linked. This lack of coordination was even more evident throughout the global financial crisis that appeared globally. In this framework, the EU Member States have negotiated and signed the Fiscal Treaty, a legal tool that provides mandatory measures on the supervision and control towards financial and fiscal stability. The effects of this piece of regulation are present, but they are not sufficient to insure the macro-economic stability of the European Union. In our opinion, the solution could be to regulate a single European tax, but the subject is currently only a research hypothesis.

Susan Wolf on Supererogation and the Dark Side of Morality

Susan Wolf on Supererogation and the Dark Side of Morality

Author(s): Nora Grigore / Language(s): English / Issue: 2/2022

Keywords: Morality; moral saints; supererogation;

Wolf proposes supererogation as a solution for curbing the exaggerated demands of morality. Adopting supererogation is supposed to prevent us from considering that all morally good deeds are obligatory. Supererogation, indeed, makes some morally good deeds merely optional, saving the agent from the requirement of behaving as much as possible like a Moral Saint. But I argue that Wolf cannot use supererogation in service of her overall project, for two reasons. First, because implied in the concept of supererogation is that going beyond duty adds to our humanity rather than detract from it (as Wolf argues). Secondly, after analyzing attempts to acclimatize supererogation in other theoretical frameworks, I conclude that supererogation can limit morality’s claims only if Wolf’s reasons of “individual perfection” can defeat moral reasons. I argue that a common scale of evaluation between moral and non-moral reasons is needed for their comparison, but Wolf explicitly rejects this way out.

Measuring normative inflation

Măsurarea inflaţiei normative

Author(s): Claudia Mădălina Burci / Language(s): Romanian / Issue: 02/2019

Keywords: threshold of normative inflationary phenomenon; imperative; normative option; civilization of law; protection of human rights;

The lack of a threshold to help identify the emergence of the normative inflationary phenomenon was considered to be the cause of the impossibility of identifying an effective countermeasure. We propose to prove that this threshold can not be placed in the field of legal technique but in the field of human rights protection. This transfer requires another method of counteraction, apart from those concerning the reduction of the number of normative acts or the improvement of their legislative quality. Considering that the existence of a single imperative normative act or an unconstitutional act represents the threshold of the existence of the inflationary phenomenon, we propose a method of counteraction that gives the possibility to control the mechanisms that can limit freedom. This method of countering refers to the right of a normative option that transforms the constraining right into a right of communication, making the individual a co-legislator of the applicable legal system, but also to establish effective rules of constitutionality control to cover the legislative vacuum incident in some spheres of control.