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THE ROLE OF CASE LAW IN JUDICIAL DECISION-MAKING: A SOCIOLOGICAL PERSPECTIVE

Author(s): Tilen Štajnpihler / Language(s): English Issue: 4/2015

The article attempts to verify a common conception that has by now become an integral part oflegal culture in civil law jurisdictions, namely, the conception that despite its unresolved legal status, case law (i.e. the body of past judicial decisions) is widely used by the courts when they are justifying their interpretative choices. For this purpose, an exploratory empirical study of court citation practices was conducted. The study focused on a sample of the officially reported decisions of the Supreme Court of the Republic of Slovenia and the appellate (Higher) courts on civil matters in 2011 that were publicly accessible on the official internet database of the Slovene courts. The aim of the study, which provides the first systematic outline of the use of case law in the judicial decisionmaking process within the Slovene legal system, was to verify whether case law in fact constitutes an important factor in judicial decision-making. It did so by focusing on the extentand the manner in which Slovene courts refer to case law, as these may be inferred from the reasoning of their decisions.

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PROCEDURAL FAIRNESS AND THE LEGITIMACY OF LAWS IN HUNGARY: AN EMPIRICAL ANALYSIS

Author(s): Zsolt Boda,Gergö Medve-Bálint / Language(s): English Issue: 4/2015

The 2010 election in Hungary resulted in the victory of Fidesz, a conservative party which acquired a comfortable majority in the parliament and used it to initiate a number of important policy reforms. However, there are good reasons to think that both the way these reforms were adopted and their content violated a number of procedural fairness norms, such as participation in decision making and even some aspects of the rule of law. According to David Beetham, Tom Tyler and others, legitimacy is dependent on moral evaluations concerning the ruling power, and among those evaluations, perceptions of the procedural fairness being exercised by the authorities are of a crucial importance. If the theory holds, then the legitimacy of Fidesz’s rule would have eroded over the years, and indeed this is what happened, by 2012 trust in the government and in political institutions has dropped to the levels seen before the 2010 elections. But since economic problems have persisted, we cannot say whether this drop was caused by discontent with governmental performance or procedural fairness or both. Our research aims at investigating the role of procedural fairness in the formation of legitimacy beliefs. Our preliminary analysis suggest that moral evaluations and, more particularly, procedural fairness expectations do have an effect on people’s legitimacy believes in the Hungarian context as well.

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STARIJI RODITELJI I ODRASLA DECA: TRADICIONALAN ODNOS ILI BLISKOST NA DALJINU?

Author(s): Slađana M. Dragišić Labaš / Language(s): Serbian Issue: Special/2016

A good relationship between older parents and adult children is an important part of active aging. This relationship is being transformed in different ways through all stages of life. Closeness, support and care of elderly parents by children and the other way around of descendants, both children and grandchildren by their parents and grandparents definitely facilitates and reduces the amount of care to be delivered from the community and wider society as such. However, the state often conveys its own part of responsibility to the elderly or the children, whereas the traditional culture presupposes a reciprocal care to be a moral norm, hence we get the so called “nonsense” situation i.e., overloaded and exhausted adult children or burdened parents on the one side and preserved “state” of well-being, on the other. In this work, we will consider the relationship between older parents and adult children using the collected data from 52 interviews (with content analysis method applied) conducted with people over 65, from Belgrade. It becomes clear that this relationship marks the everyday life - work, reproductive activities, leisure, health, i.e., the most relevant aspects of our respondents´ lives. The so called “distant closeness” proved to be efficient in Western societies and referring to our research, it is described as desirable but not always feasible. . It is also more preferable for female than for male respondents. The male respondents have higher expectations from their children when it comes to care and help. Sharing of more responsibility over needs of elderly and their children by society, could significantly enable the realization of what we here labelled „distant closeness”.

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KONCEPT OTPORNOSTI U SOCIOLOGIJI

Author(s): Olivera Pavićević / Language(s): Serbian Issue: 3/2016

In this paper, we introduce the social dimension of the term resilience which is different than all the other theoretical disciplines that use this term. The connection between the concept of resilience and the theory of social systems is viewed from a critical standpoint, and also with different ontological perspectives in regard to understanding resilience. The resilience as it exists in ecological or socio – ecological theories in social reality is more complex when considering social relations and changes that have different effects on functionality, adaptability and transformational capacities of society and its units. In regard to that, the constructivist approach offers an analytical framework that includes two tasks. On the one hand, the discovery of the interpretative meaning of social resilience as a concept, and on the other hand, using the normative neutral approach as a way of dealing with various social situations that are burdened with risks, troubles, but also with possibilities.

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ALTRUIZAM, FILANTROPIJA I HUMANIZAM – pojmovnoistorijski aspekti solidarnosti –

Author(s): Todor Kuljić / Language(s): Serbian Issue: 4/2016

This paper presents two main versions of altruism: the filantrophy and the humanism, their most developed historical forms and ways of legitimation. It is shown why private property, market and profite maximization are not inconsinent with the philantrophy and why it is not in accordance with the humanism. One should consider the role of philantrophy in the apology of capitalism.The paper compares two clasical writings: Marx-Engels’ „Manifest of the Communist Party” and Andrew Carnegies essay „The Gospel of Wealth”. In addition, it explores historical development, main features and the limitations of solidarity both in humanism and in philantropy in religious and in secular life as well as the types of philantrops and humanists and the contemporary philantrocapitalism in USA and Germany. There are two kinds of the philantropy criticism: (1) Non systemic one, which warns on the different abuses of philantrops, but which doesn’t deny the system’s foundations, and (2) Systemic one, which does’nt separate the criticism of philantropy from the criticism of capitalism itself. Special attention is dedicated to the usage of symbolic capital in the philantropy and to different doubts about the sincerity of benefaction.There is difference between apstract humanism which only comdemn the inhumanity, on the one side, and the theory of real humanism, as the lever by means of which one should put down exploatation and oppression of human beings. One is able to differentiate between ideological explanations of charity, philantropic and humanistic attempts in the epochal consciousnesses of the different historical ages from the antiquity to neoliberalism. Humanism prevailed during the Cold War in socialism, whereas philantropy has become hegemonic since the collapse of European socialism. Humanism was rooted in critism of the private property, while philantropy serves to promote and the bouergoies values. The conclusion is that the philantrophy relieves misery on the level of distribution, while humanism tries to annihilate the misery on the level of production.

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Children and Young with Antisocial Propensity: Theoretical Models for Identification and Social Importance of Prevention of Antisocial Behaviour

Author(s): Danka Radulović,Zoran Ilić / Language(s): English Issue: 2/2018

Alarming increase of antisocial behaviour among children and young, eroding social values and weakening of the educational role of family and school has resulted in the fact that social integration of the younger generation actually becomes their adaptation on antisocial and deviant environment. The main precondition for overcoming such situation is early recognition of antisocial propensity of children and young because only then, at early age applying psychological and social educational interventions can be effective. This article is founded on empirical findings in the area of psychology of conduct disorders and analysis early manifestations of antisocial propensity and gives us an overview of theoretical models relevant for the early identification of the risk group of children and young. It points to the importance of the social context and prevention of antisocial behaviour including introducing institutional standards and procedures to identify children at risk, as well as strict adherence to the code of professional ethics.

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INVALIDITET I DEVIJANTNOST - SOCIOLOŠKI ASPEKT

Author(s): Armin Kržalić,Nevzet Veladžić / Language(s): Bosnian Issue: 1/2020

People with physical disabilities often encounter isolation, segregation, and discrimination in their interactions with others. The number of people living with some kind of disability is quite large. According to some estimates in the world there are over 500 million people with some kind of light or heavy physical disability, either mental, physical or sensory impairment. Society considers both types, and visible physical damage and intellectual power as deviant because they deviate from normative concepts of 'normal' (expected) states, and such persons are faced with sanctioning processes that lead to social stigma. In this context, a disabled person obtains a deviant identity not necessarily because of what they have done, but because others have labeled the label with the printed undesirable differences that deviate from the total imaginary image. The identity of a disabled person differs from the identity of the perpetrator of deviant actions. Deviants can choose their (deviant) role, while a disabled person does not choose their status. Contemporary attitudes tend to see people with visible physical disabilities differently from other people; some people watch them today with pity or completely avoid them. The question of disability management raises two problems: first, when does disability become a problem for individual? More important, how does the disabled person manage society's stigma?

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Prisoners and the Law: Rethinking Prisoners’ Rights and Implementation Challenges in Kenya’s Justice System

Author(s): Abel Bennett Holla / Language(s): English Issue: 08/2020

International Organizations such as the Council of Europe and the United Nations have developed several legal provisions on prisoners’ rights. These liberal rules are intended to improve how various actors handle incarcerated offenders in the criminal justice system. Local legislations have similarly been developed by various countries to protect and safeguard the right of prisoners. This review will examine various international legal provisions and the local statutory requirements available under the Kenyan justice system. In particular, the requirements of the United Nations Standard Minimum Rules for the Treatment of Prisoners (UNSMR) will be examined and compared to various local legal provisions in the Penal code and the Prisons Act (CAP 90 of the Laws of Kenya). Additionally, the examination will cover some of the challenges that hinder the effective implementation of local and international rules on prisoners’ rights in the Kenyan context.

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Spre o cartă etică universală

Author(s): Irina Zlătescu / Language(s): Romanian Issue: 2/2004

At a time of great challenges of science and technology, to resort to this postulate is a prerequisite with solving the complex problems raised by the management of progress in the field, for the benefit of the human being, of all human beings, not to their detriment, or the detriment of some of them. The juridical thinking will not be able to give the correct solutions except within the logic of this ethic postulate, just the same way that a regulation, as welcome and correct as it may be in a certain field, will not be implemented effectively without the large endorsement of certain ethic norms characterizing those tasked to apply it. In this context, a number of questions may be asked: is the adoption of a universal ethics charter necessary and possible? If so, on what conditions, and what are the previous stages to be gone through? The plea in favour of such a charter is accompanied by a number of considerations advancing landmarks in the approach to this target.

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Stereotype aus linguistischer und didaktischer Sicht. Stereotypisierungen in ausgewählten Lehrwerken für DaF

Author(s): Iwona Wowro / Language(s): German Issue: 1/2010

The aim of the article is to discuss the concept of a stereotype and to present the problem of stereotyping in the context of foreign language teaching. The theoretical part deals with the problem of how to define a stereotype and with its function in linguistics as well as in the light of the intercultural character of teaching. Stereotypes – perceived as „pictures in our head“ – are individual cognitive structures resistant to any changes, which, on the one hand, makes it possible to organize the reality mentally but, on the other hand, does not allow for its fully accurate reconstruction. Later in the article, the author presents and compares examples of stereotypes in selected German textbooks.

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«Чувствую себя просто бабушкой». Старение, эйджизм и сексизм в современной России

Author(s): Julia Zelikova / Language(s): Russian Issue: 2/2020

The dominant discourse in contemporary Russian society judges aging as a person’s defeat and defines success as the ability to hide the physical and bodily signs of one’s age. Old age is often constituted in public consciousness as the age of decline—decline in learning abilities, physical attractiveness, desires, activity, and so on. Social norms that restrict the behavior of older people should be defined as ageism. Resistance to ageism, in other words resistance to restrictive social constructs, is essential for subjective well-being of older people. The purpose of this article is to consider aging in contemporary Russia as a complex phenomenon that consists of certain rules and practices. Is it possible to resist the negative discourse of aging associated with decline? What would aging look like if it was possible to at least partially free ourselves from negative social beliefs about age? This research was carried out within a qualitative paradigm. The empirical material is based on 18 in-depth narrative interviews with 10 women and 8 men aged between 60 and 86. The results of the study reveal that existing norms and rules of aging in Russian society are related to the exclusion of older people from the public sphere and discrimination in the private sphere: they restrict the capacities of older people, deny their agency in determining their own goals and abilities to act in their own interest. Older people interiorize these norms and rules, and this leads to self-discrimination and perpetuation of ageism.

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Comparative Analysis of Video Surveillance Regulation in Data Protection Laws in the Former Yugoslav States

Author(s): Đorđe Krivokapić,Danilo Krivokapić,Jelena Adamović,Aleksandra Stefanović / Language(s): English Issue: 1/2021

Video surveillance, the monitoring of a specific area, event, activity or person through an electronic device or a system for visual monitoring is already established as a central tool of public security policy. Video surveillance represents a starting point for implementing advanced technologies such as automatic number plate recognition (ANPR) and automatic facial recognition (AFR), which tend to become standards in many urban areas. Based on the increased use of video surveillance technologies, governments and private actors’ capabilities in terms of monitoring of the population and potentially violating fundamental human rights are colossally increased. The article will provide a comparative analysis of national regulatory frameworks of video surveillance in public spaces in former Yugoslav states and its compliance with standards provided by new data protection regulatory framework, particularly General Data Protection Regulation (GDPR). The article will also give an overview of the major violations of the right to privacy by video surveillance and insight into and potential impact of new projects and technologies currently under deployment in the observed countries.

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APLICAREA ARESTĂRII PREVENTIVE. ASPECTE TEORETICO-PRACTICE

Author(s): Artur Airapetean,Sanda Țoncu / Language(s): Romanian Issue: 01/2021

The given study represents the rendering of the circumstances, which are the basis for the application and extension of the arrest. Arguments are presented regarding the pertinent practice of national and international courts in combating the phenomenon of unfounded application of pre-trial detention. The study aims to elucidate theoretical and practical aspects in a comparative way, but also with the arguments promoted by the Strasbourg Court.

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Family etiquette of Кazakhs

Author(s): Amanzhol Kalysh,Dinar Nuketayeva,Almagul Kanagatova,Zhuldyz Suleimenova,Seylbek Asanov Sadikovich,Zhuldyz Zhumashova / Language(s): English Issue: 1/2015

Authors in the article made an attempt to analyze the family etiquette of Kazakh people, and present an opportunity to reveal regularities to research deep roots, some rules of conduct and communication, factors to facilitate preservation of unique national traits of the people, to make a full understanding of its moral-ethical views. It is not a secrete, that the family etiquette contains the coded philosophical, historical, biological, psychological, social and ethnic information that unites all the people

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Transformational Influence of Fake Messages on the Behavioral Activity of an Individual: Psycholinguistic Aspect

Author(s): Oleh Khmiliar,Liudmyla Piankivska,Olha Krasnytska,Sergiy Cherevychnyi / Language(s): English Issue: 2/2021

The article highlights the issue of the psychological impact of fakes on the individual, which is intensively increased through various mass media and especially social networks.The general research aim comprises the study of features of the psychological influence of fakes on an individual and classification of this influence. It was proven that fakes intensify the person's stress, weaken adaptive reserves, reduce efficiency, and lead to stress disorders. Numerous fake messages cause intense emotional transformation of the individual through the emotional receptivity of the message. It was found that under the influence of fakes, a person's direct participation in the information cycle through the mass media contributes to the consolidation of his behavior into certain groups. Fake information encourages fake modeling of one's own future and determines its influence on one's status in society. It was shown that human perception of emotional audiovisual narratives causes the tunnel vision. Pragmatic assumptions stimulate the individual to perceive fake information as the absolute truth, and in situations of uncertainty - to show a pronounced activity with a growing preference for information. Fakes can worsen physical and mental health, cause changes in mental processes, motivation, priorities and affect interaction in the society. That is why, the knowledge of features of the psychological impact of fakes on an individual will help understand the need to analyze information content, search, critically select and test messages to maintain one’s mental health.

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FUNCTIONAL FOOD – SUPPLY AND DEMAND IN A MODERN SOCIETY

Author(s): Biljana Grubor,Bojana Kalenjuk,Marko Radivojša,Miloš Ćirić / Language(s): English Issue: 2/2020

Functional food represents a group of foodstuffs which satisfies not only basic, but also additional physiological needs, improves health and reduces the risk of disease. The subject of this paper is functional food from the aspect of supply and demand in hospitality facilities, as a modern trend in nutrition. The aim of the research is to provide answers to the following questions, which refer to the hospitality sector: Are hospitality workers familiar with characteristics of functional food? Do hospitality workers face demand of functional food? Is there an option of preparing functional food in restaurants where the respondents work? Are guests willing to pay extra for preparation of food which is beneficial to their health? The survey included respondents (n= 105) in restaurants in Novi Sad (AP Vojvodina, Serbia). Based on the conducted survey, we came to a conclusion that workers are acquainted with the term of functional food. Visitors of hospitality facilities (guests) often demand such food, and restaurants have an option of preparing food which is beneficial to health, but consumers are not completely prepared to compensate on food taste for health benefits.

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Relational versus local values of cultural heritage Tourism gentrification and governance in context

Author(s): Willem K. Korthals Altes,Reinout Kleinhans,Evert Meijers / Language(s): English Issue: Spec 6/2018

Both harmony and conflict may occur between local and more distant communities regarding artefacts of cultural heritage. Incoming tourism, which is attracted by cultural heritage, may provide jobs and other means of income to local residents. However, incoming tourists may also trigger or accelerate a process of gentrification in which local residents are directly or symbolically displaced by tourists. Local authorities develop governance mechanisms to address this issue, both by visioning and formulation of strategies and by issuing direct tools to regulate use of land and properties in a way that matches this vision. The paper discusses two case studies in the Netherlands, Amsterdam and Giethoorn, where communities and local authorities struggle with the threat of over-tourism. The Amsterdam case focuses on gentrification caused by tourists who rent homes as holiday accommodation through online platforms (such as Airbnb) and the governance response by the city to contain it. The Giethoorn case reveals how economic values of tourism and quality of place to live are competing in the context of a village with a distinct heritage based on a mode of production that has become marginalised. The paper aims to improve our understanding of governance responses regarding heritage-based tourism and gentrification. Based on the analysis, the paper also presents three directions for research: first, mapping relational geographies of heritage; second, developing interactive tools to bridge proximate and more distant communities in a process of place making; and third, development and evaluation of governance measures.

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Mobilitás és társadalmi integráció

Author(s): Gábor Hajdu,Ákos Huszár,Luca Kristóf / Language(s): Hungarian Issue: 4/2019

In this paper we analyse the connection between social mobility and social integration. Social mobility is usually regarded as a positive phenomenon. However, Sorokin’s classic thesis assumes that mobility has negative impacts on social integration: socially mobile individuals might lose some of their social connections and the level of their well-being might decrease. Our main research question is whether the impact of social mobility on social integration is positive or negative. Our results do not support Sorokin’s dissociative thesis. Several indicators of social integration (i.e. social participation, subjective social importance, satisfaction with family ties) show that upwardly mobile individuals and immobile individuals with high social status are more integrated. This result suggests that social status has greater significance for integration than social mobility. In the case of other indicators of social integration, the results of socially mobile groups are similar or even better than those of the immobile groups. Consequently, our results do not show that social mobility causes integration problems in Hungary. Moreover, we argue that upward social mobility positively affects social connections, social participation and the subjective feeling of social integration as well.

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A kollektív cselekvés vállalkozói. Példák a magyar borászok helyi szerveződéseinek köréből

Author(s): Bence Kucsera,Károly Mike / Language(s): Hungarian Issue: 3/2020

What role do institutional entrepreneurs play in the local self-governance of winemakers in Hungary? The term ‘institutional entrepreneur’ refers to actors who use their resources to build innovative rules of the game for collective action. We examine four communities who established collective brands through selfgovernance. Our results confirm that institutional entrepreneurs play important roles in institutionalising local collective action. They drive and govern the innovation process of articulating new institutions. Even more important, they form and maintain coalitions in support of this process. Their motivation is influenced by many factors: personal career goals, family norms, identification with the relevant community, political participation and network building. However, they have some common characteristics: all of them are embedded, respected members of their communities, who plan for the long term. The greater the ‘institutional void’ to be filled by self-governance, the larger their role seems to be.

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THE RELATION BETWEEN PERCEPTION OF JUSTICE AND THE INTENTION TO LEAVE THE ORGANIZATION – A META-ANALYTICAL STUDY

Author(s): Katarina Suvajdžić / Language(s): English Issue: 01/2021

The aim of this meta-analytical study is to examine the connection between distributive and procedural justice and the intention to leave the organization by quantitative synthesis of available empirical research that meet the defined criteria. Searching the literature 126 papers have been found, out of which 58 studies met all the defined criteria. After collecting all studies that had data on the correlation between distributive justice and the intention to leave the organization, the total sample size equaled 20068, while the total sample size of studies that had data on the correlation between procedural justice and the intention to leave the organization equaled 17901.

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