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The point of departure of my paper is the case of the IKEA employee who lost his job for criticizing the workplace policy followed by his employer. In the paper I analyse two possible versions of the objection discrimination on the ground of belief that can be raised with respect to the employer’s decision. In my opinion neither of these two versions can withstand scrutiny. Regarding the first of these versions – the allegation of belief harassment – I claim that the employer’s action should not be recognized as a form of belief harassment. The criteria that I propose in the paper suggest that the ‘Inclusion of LGBT+…’ regulation was a permissible workplace policy, within the scope of the employer’s authority. Regarding the second version of the allegation of discrimination – the lack of respect for special needs resulting from beliefs – I argue that in this situation the employer was under no obligation to accommodate the employee’s needs resulting from his beliefs. In the light of the criteria formulated in the paper, the employee’s claim for accommodation was weak and it could be overweighed even by a relatively small burden on the employer’s part.
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The aim of this article is to elucidate the presence of prescriptions on the application of prescriptions in legal texts. Such explanation is structural in nature, rather than nomological-deductive. A typical prescription pertaining to application consists of three parts. Firstly, it fixes applied prescription. Next, it has the phrase 'applies' as a pivotal fragment. At the end it determines the area of application. However, occasionally some parts of prescriptions on the application of prescriptions are eliminated or arranged in another manner. In some legal texts several prescriptions on the application of prescriptions are joined in one collective prescription of this sort. Prescriptions on the application of prescriptions are the result of the fragmentation of norms.
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This paper analyzes the importance of the principle of independence of the judiciary in a rule of law, but also the separation of powers, these two principles leading to an independent and efficient justice.This study is based on a philosophical approach and perspective of the justice independence and separation of powers, but also how this principles are applied in Romania, considering accession at the European Union. The philosophical perspective has determined the detailed understanding of these two principles, thus observing their application during the existence of fortress-states, and now, when they are represented by national parties and institutions. Justice is one of the most important thing of consolidated democracy, and that is why it is important to see the trajectory of the theory and how is applied today, given the constitutional mechanisms.
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The author dedicates her study to Božidar S. Marković as a sign of respect and admiration, since exceptional are the people who, in spite of great injustice inflicted to them, succeed to preserve themselves from hatred or, at least, great bitterness, and to continue to have their human and professional integrity even in rainy days. As Aristotle said: A just man prefers to remember good things he received from others, than harm suffered; to remember acts of kindness by others rather than those he extended to others. Is "Topica" acroamatic or esoteric writing of Aristotle? Is it logical or practical (rhetorical and poetical) writing? Is the present position of "Topica" in the "Organon" validly established, or should it stay between "Hermeneutics" and "Analytics"? Whether "Topica" was created prior to Aristotle’s discovery of syllogism, namely before the "Analytics"? Whether it was written as a whole, or were some parts subsequently added? What is the relationship between "Topica" and "Sophistical refutations"? In what way to systematize, in terms of setting the problems, the "Organon" and the "Topica" in it?
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