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Articles de revues sur le sujet « Subjective rights at collective will »

Auteur : Grafiati

Publié le 7 juin 2025

Mis à jour le 2 août 2025

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1

Van de Voorde, Johan. "Les droits subjectifs inclusifs en droits belge, français et américain Analyse à partir du droit aux choses communes (y compris la public trust doctrine), du droit à l’usage des voies publiques et du droit aux biens communaux." European Review of Private Law 28, Issue 5 (2020): 1009–63. http://dx.doi.org/10.54648/erpl2020062.

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The search for instruments to protect the environment has lead to the rediscovery of some ancient legal concepts, notably the res communes in the sense of article 714 of the Belgian and French Civil Code (Article 3.43 of the new Belgian Civil Code) and the public trust doctrine in United States law. The res communes are things which cannot be appropriated by anyone (such as water in rivers and seas, atmospheric air, nature and several components of nature), on which each therefore has a subjective right of use and enjoyment. This subjective right is protected, as are all subjective rights, by

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Kutlaca, Maja, Martijn van Zomeren, and Kai Epstude. "Our Right to a Steady Ground: Perceived Rights Violations Motivate Collective Action Against Human-Caused Earthquakes." Environment and Behavior 51, no. 3 (2017): 315–44. http://dx.doi.org/10.1177/0013916517747658.

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We surveyed 351 inhabitants of a part of the Netherlands that suffers from gas-extraction-induced (and thus “human-caused”) earthquakes. Based on geological reports, we distinguished between three differently affected subregions. We first tested whether being more strongly, objectively affected also implies a stronger subjective disadvantage. Second, we tested whether objective disadvantage moderates which type of perceived rights violations (i.e., perceived violations of personal/family, or collective rights to safety, health, and financial stability) predict collective action intentions. In

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Kravchuk, Svitlana, and Snizhana Vasylenko. "Subjective Human Rights in the Digital Age." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 12, no. 46 (2025): 146–56. https://doi.org/10.23939/law2025.46.146.

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In today's world, where technology is developing at an incredible speed, automated information collection systems have become an integral part of our lives. They affect various aspects of society, including subjective human rights. This impact can be viewed from several perspectives. First of all, it is the significant advantages of automated systems. Such information collection systems significantly increase efficiency and accuracy in many areas. They allow for the rapid processing of large amounts of data, which facilitates informed decision-making. This increases the efficiency of subsequen

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Pojar, Daniela. "The abuse exercise of the right to strikes." Journal of Social Sciences 6, no. 1 (2023): 107–15. http://dx.doi.org/10.52326/jss.utm.2023.06(1).10.

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Trade union organizations/elected representatives of employees, in their capacity as subject of collective labor relations, may abusively exercise their subjective rights both at the time of conclusion and at the time of modification, suspension and termination of the collective labor contract. A special situation emerges in the case of the abusive exercise of the right to the association and the abusive exercise of the right to strike and the rights of trade union organizations, of the elected representatives of employees, as the case may be. The right to strike, being a means of ensuring col

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Kirchner, Stefan. "Individual and Collective Self-Identification as Indigenous in the European Arctic: International Legal Perspectives." Misión Jurídica 11, no. 15 (2019): 31–46. http://dx.doi.org/10.25058/1794600x.886.

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Who is indigenous is a question which is often difficult to answer from the perspective of non-indigenous law. Lovelace v. Canada is one of the key cases of indigenous rights law. It forms an important precedent but it does not establish an unlimited subjective right to be indigenous within the framework of the ICCPR. The decision in Lovelace v. Canada cannot be construed as requiring states which are parties to the ICCPR to allow anybody to claim indigenous identity without the consent of the indigenous people in question. ILO 169 strengthens the position of indigenous peoples in this regard.

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Todolí-Signes, Adrián. "Workers, the self-employed and TRADEs: Conceptualisation and collective rights in Spain." European Labour Law Journal 10, no. 3 (2019): 254–70. http://dx.doi.org/10.1177/2031952519867544.

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The subjective scope of application of Labour Law is set by the Statute of Labour. Nevertheless, the interpretation of the Courts is crucial to understand who is a worker in Spain. In this study, the criteria set by the Spanish courts and their evolution are analysed. Recently, the Spanish Supreme Court seems to have abandoned the ‘control test’ criteria for classifying workers and has moved towards a personal conceptualisation of work. This paper shows rulings that prove this evolution. Moreover, Spain has its own Self-employed Workers’ Statute applicable to common self-employed workers and e

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Mayboroda, Viktor Aleksandrovich. "Subjective Collective Will In the Management of Shared Agricultural Land and Its Consequences." Theoretical and Applied Law, no. 1 (June 7, 2019): 69–76. https://doi.org/10.5281/zenodo.15350532.

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A new stage in the development of relations in the management of agricultural land plots has replaced the initial privatization of agricultural land. Its difference is the change in the composition of the participants in the share ownership and the presence of economically strong economic counterparties-tenants of land. The composition of new owners is socially heterogeneous and, as a result, it does not have a legal instrument allowing to form the collective will of the general meeting according to the goals of property management, since the heterogeneity of the composition prevents the

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Witzig, Richard S. "The right to identity: Implications of using subjectively-assigned race in US healthcare." Social Medicine 8, no. 1 (2014): 43–52. https://doi.org/10.71164/socialmedicine.v8i1.2014.627.

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In the US, so-called race descriptors have historically been used to ensure control over enslaved and immigrant groups and classes. This paper examines historical, clinical, statistical, and human rights implications for subjectively-assigned race in US healthcare. When compared to other patient descriptors such as age and sex, race is far inferior in terms of method of acquisition, accuracy, precision, and clinical importance. Examination of current US government documents soliciting race reveals categories inconsistent with existing federal guidelines, thereby confounding data at the origin

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Unterschütz, Joanna. "EUROPEAN AUTONOMOUS EMPLOYEE DEFINITION. A REASON FOR A DISCUSSION OVER DEVELOPMENT OF EMPLOYMENT RIGHTS." Roczniki Administracji i Prawa specjalny, no. XXI (2021): 129–37. http://dx.doi.org/10.5604/01.3001.0015.6077.

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For many years, there has been a discussion in the study of Polish labour law on the legitimacy of replacing labour law with employment law as a broader category, including also people who perform paid work on other grounds. The implementation of Directive 2019/1152 on transparent and predictable working conditions in the European Union should also cover a wider group of people performing paid work. The EU legislator, when defining the subjective scope, refers to the autonomous EU definition of an employee created by the CJEU, which is broader than many national definitions. Despite the object

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Maslennikova, Svetlana. "Issues of the Legal Personality of the People in Constitutional and Legal Relations." Journal of Russian Law 28, no. 12 (2024): 49. https://doi.org/10.61205/s160565900031976-7.

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The article, prepared using the results of the project “Legal mechanisms for overcoming inequality”, carried out within the framework of the HSE University Fundamental Research Program in 2024, analyzes legal norms and positions that allow people to be considered as a subject of legal relations. The people as a collective entity has properties that characterize it as a legal personality. By analogy with legal entities, it is proposed to endow the people with legal personality. The article explains why the category “people” is more suitable for establishing legal personality than the concepts o

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Bilewicz, Michał, and Aleksandra Bilewicz. "The naturalization of runaway rights: A psychological perspective on how collective demands become subjectively eternal." Culture & Psychology 31, no. 1 (2025): 53–61. https://doi.org/10.1177/1354067x241312240.

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This paper explores how political demands transform into collective rights through a psychological lens, emphasizing the process of naturalization. Building on Moghaddam et al.'s framework, the authors introduce the idea that collective demands, when reframed as rights, are perceived as inherent, timeless, and essential to group identity. The paper discusses psychological mechanisms like essentialism, autochthony beliefs, and collective continuity, illustrating how groups come to view their demands as fundamental aspects of their existence. The authors explore examples from the Middle East’s e

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Turischeva, Natalya. "Dynamism of the Development of Electoral Legal Relations of Parties and Candidates." Journal of Russian Law 27, no. 10 (2023): 30. http://dx.doi.org/10.61205/jrp.2023.113.

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The objective of the study is to assess the dynamism of the development of electoral legal relations of parties and candidates arising in the system of public-legal interaction of citizens, the state and civil society institutions and aimed at the implementation of passive suffrage, to establish the main patterns characterizing election campaigns at various levels when nominating candidates by electoral associations. Research methods are based on the analysis of the modern constitutional and legal doctrine, the regulatory framework for organizing and holding elections, the law enforcement prac

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Hoerst, Carina, and John Drury. "The role of subjective power dynamics in far-right collective action: The “Unite the Right” rally and the Capitol insurrection." Journal of Social and Political Psychology 11, no. 1 (2023): 330–47. http://dx.doi.org/10.5964/jspp.9951.

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Far-right collective action has previously been explained in terms of collective grievances. However, this does not adequately explain mobilisations after ingroup-relevant successes. Based on the broader collective action literature, we suggest that analysing experiences of subjective power before and during collective action may significantly complement existing explanations of far-right mobilisations. We used secondary data (predominantly videos from YouTube and ProPublica) from the 2017 Charlottesville “Unite the Right” rally and the 2021 Washington Capitol insurrection to qualitatively exa

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Indrian Sasmito Adi, Handaru, Joki Hartono Tri Nugroho, and Regas Panji Pratomo. "VALUE-BASED MANAGEMENT CAPITALISM VS SOCIALISM PROBLEMS IN THE ISLAMIC ECONOMIC." Airlangga Development Journal 8, no. 1 (2024): 77–83. http://dx.doi.org/10.20473/adj.v8i1.56099.

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The problem with both economic systems, capitalism and socialism, is that they cannot achieve the desires and aspirations of the people as actors of economic policy. Both systems prioritize profit over satisfaction or people's rights. Departing from the various problems that exist in society, the author tries to examine this problem by organizing the two Islamic economic systems. The aim is to examine the problems faced by the economic systems of capitalism and socialism in dealing with economic problems and also to see how the Islamic economic system deals with economic problems. Desk researc

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Kurzynoga, Małgorzata. "Praca na własny rachunek w świetle Konstytucji Rzeczypospolitej Polskiej." Studia z zakresu Prawa Pracy i Polityki Społecznej 29, no. 3 (2022): 291–304. http://dx.doi.org/10.4467/25444654spp.22.024.16569.

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Self-employment in the light of the Polish Constitution The aim of the article is to indicate the legal basis for the protection of self-employed work in the Constitution of the Republic of Poland. The author discusses the subjective scope of workers’ rights guaranteed in the constitutional law and indicates the arguments justifying the thesis that it is not possible to define a “constitutional worker” on the basis of the provisions of the Polish Constitution. Attention has also been paid to limitations on the exercise of collective rights by the self-employed persons arising from ordinary law

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Corbett, Maitiu. "WWSD: What Would Socrates Do?" Groundings Undergraduate 2 (September 1, 2008): 19–29. http://dx.doi.org/10.36399/groundingsug.2.265.

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“This is for your own good” is often the aphorism of governments and social institutions in their claims upon our freedoms. Our obedience is framed as collective self-preservation, but can it ever be so simple? Yet philosophical debate often seems to overcomplicate the issue. This article argues that the responsible protection of our rights arises, instead, with a constant reappraisal of citizenship. Freedom and obedience are ultimately two sides of an abacus with objective counters with subjective values; each individual’s calculations must be represented for there to be an accurate model of

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Sun, Xiaoyi, and Ronggui Huang. "Spontaneous cognitive liberation in the context of rights-defending actions: A case study of the evolution of homeowner activists’ rights consciousness." Chinese Journal of Sociology 3, no. 4 (2017): 518–47. http://dx.doi.org/10.1177/2057150x17737458.

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Empirical studies on Chinese homeowners’ activism regarding defending their rights focus mostly on either political opportunities or resource mobilization and often neglect the cognitive process of homeowner activists in developing their rights consciousness. This study attempts to use the perspective of framing and cognitive liberation to gain a nuanced understanding of activists’ subjective cognition in their actions aimed at defending their rights. An analytic framework is proposed which examines two aspects of homeowners’ rights consciousness: the referent of rights (property rights versus

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Mazurenko, Olena. "FORMS AND PROTECTION METHODS OF LABOR RIGHTS OF EMPLOYEES ON LEGISLATION OF UKRAINE." Law Journal of Donbass 74, no. 1 (2021): 36–42. http://dx.doi.org/10.32366/2523-4269-2021-74-1-36-42.

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The article is devoted to the research of forms and protection methods of labor rights and legitimate interests of employees. There is emphasized that the activities of state authorities to protect labor rights and legitimate interests of employees are carried out in statutory forms of activity, where the judicial form of protection is the most effective and complete regarding the legal possibilities of deciding on the case in all its aspects and with the possibility of using the state coercion in case of non-compliance with the court decision. The court as a body that protects the labor right

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Safrida, Safrida. "The Principle Of Good Faith In Collective Labor Agreements Between Employers And Labor Unions In Review Of Contract Law." International Journal of Educational Research & Social Sciences 5, no. 1 (2024): 145–59. http://dx.doi.org/10.51601/ijersc.v5i1.761.

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The principle of good faith is an important principle in contract law and is accepted in variouslegal systems, but until now the doctrine of good faith is still controversial Good faith is knownby 2 (two) phases, namely the pre-contract phase and the contract execution phase. The precontract phase is called subjective good faith, which means that good faith is more directedtowards honesty, while good faith in the contract implementation phase is called objective goodfaith, which means that good faith is interpreted as appropriateness and decency or justice. Awork agreement is an agreement betw

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Safrida, Safrida. "THE PRINCIPLE OF GOOD FAITH IN COLLECTIVE LABOR AGREEMENTS BETWEEN EMPLOYERS AND LABOR UNIONS IN REVIEW OF CONTRACT LAW." JURNAL ILMIAH ADVOKASI 12, no. 1 (2024): 1–24. http://dx.doi.org/10.36987/jiad.v12i1.5572.

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The principle of good faith is an important principle in contract law and is accepted in various legal systems, but until now the doctrine of good faith is still controversial Good faith is known by 2 (two) phases, namely the pre-contract phase and the contract execution phase. The pre-contract phase is called subjective good faith, which means that good faith is more directed towards honesty, while good faith in the contract implementation phase is called objective good faith, which means that good faith is interpreted as appropriateness and decency or justice. A work agreement is an agreemen

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Ni, Yun. "Natural Law and Parliamentary Election in Geoffrey Chaucer’s Parliament of Fowls." Chaucer Review 57, no. 3 (2022): 302–20. http://dx.doi.org/10.5325/chaucerrev.57.3.0302.

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ABSTRACT Critics have reached the consensus that Chaucer’s Parliament of Fowls reveals the fallibility of human reason in interpreting and applying the precepts of natural law. This article, however, asks the reader to look more closely and more skeptically at the common birds’ elections. Though Chaucer critically revises Thomas Aquinas’s concept of natural law by setting will against reason, as is personified in the parliamentary debates, the poet still allows the common birds to follow their natural dispositions when electing representatives and offering counsel. Only in the episode of the c

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Baran, Krzysztof. "General Clauses and the Abuse of Subjective Right in the Polish Labor Code." PRAWO i WIĘŹ, no. 3 (46) (November 17, 2023): 382–93. https://doi.org/10.36128/priw.vi46.703.

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The article is devoted to general clauses regulating abuse of law in the Polish Labor Code. The author defined the meaning of the concept of a general clause and its functions. He also discussed the legal mechanism of the functioning of the socioeconomic abuse of law category and principles of social coexistence in individual and collective labor law.

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Yasinskaya-Kazachenko, Angelika V. "Implementation of the constitutional right of workers to collective labor disputes at the level of «the right to strike»." Russian Journal of Labour & Law 14 (2024): 187–205. http://dx.doi.org/10.21638/spbu32.2024.111.

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The article is devoted to the study of the specifics of the implementation of the constitutional right of workers to collective labor disputes at the level of «the right to strike». The author considers: procedural, civil and public law principles of labor law in relation to the institution of «the right to strike»; reflexes of objective and subjective law based on a situational approach; limited «strike» legal capacity; delimitation of disputes so that there is no opposition of rights and interests, while a dispute about interest is only an integral part of a dispute about law; issues of crea

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Goldschmidt, Rodrigo, and Rodrigo Espiúca dos Anjos Siqueira. "A eficácia horizontal direta dos direitos fundamentais no âmbito das relações de trabalho: o papel da negociação coletiva na implementação de ações afirmativas da dignidade do trabalhador." Espaço Jurídico Journal of Law [EJJL] 19, no. 1 (2018): 217–44. http://dx.doi.org/10.18593/ejjl.v19i1.13914.

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Resumo: Neste artigo analisa-se a implementação de ações afirmativas pelas empresas empregadoras e sindicatos obreiros, mediante a negociação coletiva como forma de concretização da dignidade do trabalhador sob as perspectivas objetiva e subjetiva dos direitos fundamentais sociais. Nessa tarefa, apresenta-se o conceito de direitos fundamentais e sua relação com a dignidade da pessoa humana. Na sua segunda parte, analisam-se as teorias sobre a eficácia dos direitos fundamentais, em suas dimensões vertical e horizontal. Em seguida, apresenta-se o conceito de ações afirmativas da dignidade da pes

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Andrzejczak-Świątek, Małgorzata. "The Right of Nations to Self-Determination in the Context of the Regaining of Independence by Poland — an International-Law Analysis." Internal Security Special Issue (January 14, 2019): 7–14. http://dx.doi.org/10.5604/01.3001.0012.8397.

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This article aims to show the problem of self-determination of the people in the light of contemporary standards of international law, as well as to compare them with the factual and legal basis of regaining independence by Poland in 1918. The principle of the right of people to self-determination as one of the basic rules of international law was proclaimed only after World War II, however, concepts conferring on the population living in a given territory to decide about themselves appeared before the French Revolution. The issue of the right to self-determination of people is extremely compl

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Filipson, Kseniya, and Nikolay Ryabinin. "Peculiarities of protection of subjective rights in the case of property confiscation." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2020, no. 4 (2020): 54–61. http://dx.doi.org/10.35750/2071-8284-2020-4-54-61.

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The purpose of the research is a general theoretical examination of confiscation as an intersectoral category of law, as well as revealing and scientifically-based solving urgent problems that arise in the field of protection of subjective rights in the case of the compulsory seizure of illegally possessed property. The main research methods are the following: structural and systematic, formal and legal, comparative and legal methods, logical analysis and synthesis, as well as the collection of information through the study of monographs, textbooks, materials of judicial practice on the subjec

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Karyaginа, Veronika S. "Moral Harm Compensation as a Remedy to Housing Rights." Pravosudie / Justice 3, no. 3 (2021): 99–123. http://dx.doi.org/10.37399/2686-9241.2021.3.99-123.

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Introduction. The increased interest in modern Russian legal science towards the problems of moral harm compensation, while having been resulted from the widespread use of this category within legislation and court practice, determines the need for its conceptual research within housing law due to its special significance for being a judicial remedy to housing rights, which is important not only for legal science in general, but also for regulatory enforcement, as well as for further improvement of housing legislation. Insufficient regulatory regulation of compensation for moral harm taking in

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Msomi, Nqobile Nomonde, and Jacqueline Akhurst. "Prominent discourses in South African education from the perspective of community psychology: Challenges and opportunities for youth liberation and well-being." Journal of Education, no. 92 (November 7, 2023): 98–114. http://dx.doi.org/10.17159/2520-9868/i92a06.

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Community psychology takes an explicitly political stance by identifying where power lies and how it is exercised in ways that maintain privilege and discrimination against particular groups. From this perspective, we consider the challenges facing school education in South Africa today. Education is positioned as an important site for the liberation and well-being of our country's majority. However, the state of education is marked by persistent inequalities. From a Foucauldian perspective, this paper presents a meta-synthesis of school education literature and identifies prominent discourses

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Chu, Nellie. "Tu Er Dai Peasant Landlords and the Infrastructures of Accumulation in Guangzhou's Urban Villages." positions: asia critique 30, no. 3 (2022): 479–99. http://dx.doi.org/10.1215/10679847-9723685.

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Abstract This article elaborates on the unmaking of the peasant classes among the tu er dai 土二代 (peasant landlords), with a particular focus on their claims to contested wealth through rent-seeking and other accumulative practices in Guangzhou's urban villages. E. P. Thompson's classic text, The Making of the English Working Class (1963), demonstrates the formation of class consciousness as historically embedded within cultural meanings, qualitative conditions of industrialization, and agency of the working people. The case of the tu er dai, however, lays bare how the historical unmaking of th

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Kuryachaya, Marina Mikhailovna, and Sergey Valer'evich Gromyko. "Problems associated with usage of “gray” electoral techniques and prevention of abuse of subjective electoral rights: thoughts in the lead-up to the State Duma Federal Assembly of the Russian Federation deputies." Право и политика, no. 2 (February 2021): 15–24. http://dx.doi.org/10.7256/2454-0706.2021.2.34744.

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The object of this research is the legal relations in the area of exercising rights by parties and individuals, while the subject consists in the legal norms establishing the legal position of citizens and parties in the sphere of electoral law, as well as norms regulating the order of organization and electoral process in the Russian Federation. The goal of this article is to use a comprehensive interdisciplinary political-legal approach to determine problems in legal regulation of organization and process of elections in the Russian Federation, determine defective positions and gaps in the l

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Kazi, Seema. "Women, Gender Politics, and Resistance in Kashmir." Socio-Legal Review 18, no. 1 (2022): 95–117. http://dx.doi.org/10.55496/aukx4646.

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This article focuses on Kashmiri women and the gender politics underpinning the August 5, 2019 revocation of Article 370 in Kashmir. Reclaiming Kashmiri women’s property rights was among the justifications cited by the state for revoking Kashmir’s autonomy. Paradoxically, however, most analyses centered on its political implications. Kashmiri women’s opinions regarding the revocation, the state’s use of the women’s rights argument to justify the same, or Kashmiri women’s rights and experiences in the wake of the revocation were seldom the subjects of discussion or analysis. Beginning with a br

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Kazi, Seema. "Women, Gender Politics, and Resistance in Kashmir." Socio-Legal Review 18, no. 1 (2022): 95. http://dx.doi.org/10.55496/hezv9979.

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This article focuses on Kashmiri women and the gender politics underpinning the August 5, 2019 revocation of Article 370 in Kashmir. Reclaiming Kashmiri women’s property rights was among the justifications cited by the state for revoking Kashmir’s autonomy. Paradoxically, however, most analyses centered on its political implications. Kashmiri women’s opinions regarding the revocation, the state’s use of the women’s rights argument to justify the same, or Kashmiri women’s rights and experiences in the wake of the revocation were seldom the subjects of discussion or analysis. Beginning with a br

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Batanov, Oleksandr. "A person in local self-government: legal understanding of people as the subject-matter basis of modern municipal law." Yearly journal of scientific articles “Pravova derzhava”, no. 35 (September 1, 2024): 362–74. https://doi.org/10.33663/0869-2491-2024-35-362-374.

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The article considers the issue of creation and implementation of human rights in local self-government from the point of view of the subject of Municipal Law as a branch of law of Ukraine. The phenomenology of municipal human rights in the context of their rise, development and understanding as a new constant of national municipal and constitutional law is studied. The author’s definition of municipal human rights is given and the doctrinal analysis of approaches to the interpretation of their content, types, principles, and forms of eﬀectuation is carried out. The aim of the article is to gr

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Zanker, Marek, Vladimír Bureš, Anna Cierniak-Emerych, and Martin Nehéz. "The GDPR at the Organizational Level: A Comparative Study of Eight European Countries." E+M Ekonomie a Management 24, no. 2 (2021): 207–22. http://dx.doi.org/10.15240/tul/001/2021-2-013.

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The General Data Protection Regulation, also known as the ‘gold standard’ or the ‘Magna Carta’ of cyber laws, is a European regulation that deals with rights in the area of privacy and focuses on data collection, storage and data processing. This manuscript presents the results of investigation in the business sphere from eight countries of the European Union. The research focused on awareness of the GDPR, costs associated with the GDPR, number of trainings, how data are secured and subjective evaluation. The questionnaire was used for data collection. The results show that the majority of emp

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ALBOV, ALEXEY. "DISTINCTIVENESS OF SOURCES OF PUBLIC AND ADMINISTRATIVE LAW (PHILOSOPHICAL AND LEGAL RESEARCH)." LEGAL BULLETIN 2, no. 6 (2021): 8–15. https://doi.org/10.5281/zenodo.11184332.

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The article makes an attempt to consider the dialectics of the dualism of private and public law, showing the role of the state and the set of legal norms through which public administration in the state, community and association is carried out and with the help of which the social law of all political communities in the state is and the rights of citizens to their free will. Purpose: to prove that public law, which includes administrative law, is also private law based on reason, if it has become a positive law, since regardless of whether the subject of the law is a state body, a legal enti

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Komkov, S. A. "The concept and types of paradigms in labor law." Siberian Law Herald 1 (2025): 72–77. https://doi.org/10.26516/2071-8136.2025.1.72.

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It is noted that for the scientific analysis of labor law reality it seems necessary to use, along with other methods of cognition, the modeling method. It is indicated that the modeling method is closely related to the category of paradigm. It is noted that the paradigm of labor law can be understood as a scientific model of legal cognition of social and labor relations and labor law norms. It is argued that the use of the modeling method allows us to formulate the existing patterns and features of the development of the content of norms and the architectonics of modern labor law in Russia. T

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Kossecki, Paweł, and Oguzhan Akin. "Valuation of copyrights to audiovisual works: transparency practices of the copyright management organizations in the European Union." Ekonomia i Prawo 20, no. 3 (2021): 543–71. http://dx.doi.org/10.12775/eip.2021.033.

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Motivation: The functioning of the audiovisual sector strongly depends on the use of copyrights and related rights. Problems with their clearing could harm the functioning of companies and might even lead to strong financial problems. The distribution of copyright-protected audiovisual works requires the licensing of rights by different rightsholders. Some of them are represented by Copyright Management Organizations (CMOs), which allow users to clear rights for many works without individual negotiations. Fees paid to CMOs for copyright-protected content constitute a significant part of operat

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Kananerova, Elena Nikolaevna. "The Problem of collectivization in Right-Bank Moldova in the Soviet historiography." Человек и культура, no. 3 (March 2021): 69–84. http://dx.doi.org/10.25136/2409-8744.2021.3.35816.

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The object of this research is the Soviet historical paradigm in its development. The subject is the achievements of Soviet historians in studying postwar collectivization in Right-bank Moldova. The author dwells on the impact of objective and subjective factors upon the course of historical science during the Soviet period. The article traces the evolution of topics and assessments given in the articles, monographs and collective summary works dedicated to the history of the republic. The novelty of this study is consists in the analysis of the works of Soviet historians from the perspective

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Melnikov, P. A. "Definitive basis for the constitutional protection of passive electoral rights in the Russian Federation." Proceedings of Southwest State University. Series: History and Law 14, no. 6 (2025): 53–67. https://doi.org/10.21869/2223-1501-2024-14-6-53-67.

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Relevance. The study of issues of protection of fundamental rights and freedoms of man and citizen since the birth of Russian constitutionalism and to this day is one of the key areas in legal science. The essence of constitutional protection of passive electoral rights in Russia belongs to the little-studied aspects of domestic constitutional law. In no small measure, a certain impetus for the present study was the tendentious scale of the loss of the status of candidates during the election campaign of 2021 for the election of deputies to the State Duma of the Federal Assembly of the Russian

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V. Markhgeym, Marina, Galina G. Mikhaleva, Alevtina E. Novikova, Aleksej P. Treskov, and Evgeniy E. Tonkov. "HUMANITARIAN CONTEXT OF THE PRINCIPLES OF THE JUDICIARY IN THE CONSTITUTIONS OF THE COUNTRIES OF EASTERN EUROPE." Humanities & Social Sciences Reviews 7, no. 5 (2019): 1035–38. http://dx.doi.org/10.18510/hssr.2019.75138.

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Purpose: The article is devoted to the comparative analysis of norms of the constitutions of the countries of Eastern Europe in connection with the identification in them of the principles of the judiciary, enshrined in the special sections on the rights and freedoms of man and citizen. Methodology: The study was based on the dialectical approach to the disclosure of legal phenomena and processes using general scientific (system, logical, analysis and synthesis) and private scientific methods. Among the latter are formal legal, legal linguistics, comparative-legal, which were collectivel

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Kausar, Shabana, Erum Iftikhar, and Ali Raza Laghari. "Use of Digital Technology in Providing Women's Inheritance Rights under Islamic Law." Human Nature Journal of Social Sciences 3, no. 3 (2022): 207–15. https://doi.org/10.71016/hnjss/jnbqbg54.

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The right of inheritance provided by Islam to women could assure their empowerment. Even though the Islamic provisions and Pakistani constitution also safeguard this right, its refutation is persistent in rural areas of Pakistan. As there is no mechanism/system for automatic distribution of deceased assets among legal heirs. This article explores circumstances that women face after demanding their inheritance rights. Using qualitative methodology twenty women are selected as a sample from Hyderabad, Tando Allahyar, and Badin for collection of data through interview-in-depth. The result drawn b

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Christmann, Morgana, and Sílvia Maria de Oliveira Pavão. "Health: bioecological analysis of subjective well-being in teaching." Acta Scientiarum. Health Sciences 43 (October 13, 2021): e55912. http://dx.doi.org/10.4025/actascihealthsci.v43i1.55912.

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Reflect on the concepts that go through the history of people with disabilities, in the context of their rights, as the processes involving their education is an emerging theme. The objective of this work was to understand the conceptions about health of university professors based on the Bioecological Theory of Human development. This is an exploratory case study research with a mixed approach carried out with professors from a public university in the State of Rio Grande do Sul. The method of data collection was the interview and the self-administered questionnaire. 73 professors and 6 inter

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Medar, Suzana. "The conception of legal responsibility in the opus of Hans Kelsen and Toma Živanović." Zbornik radova Pravnog fakulteta Nis 59, no. 89 (2020): 101–17. http://dx.doi.org/10.5937/zrpfn0-28657.

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The concept of legal responsibility (liability) implies a violation of the dispositive norm and subjecting the offender to envisaged sanctions. Legal responsibility is based on three key elements: the subject, the object, and the legal grounds of responsibility. The legal state (Rechtsstaat) is inconceivable without responsibility, which is present in all areas of law. In constitutional law, it is reflected in the legal and political responsibility of the state authorities. Civil and criminal liability differ in terms of sanctions. In civil law, there is subjective liability based on culpabili

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Gera, Anton. "The Right to Work in International and National Law in the Time of Globalization." Interdisciplinary Journal of Research and Development 11, no. 1 S1 (2024): 123. http://dx.doi.org/10.56345/ijrdv11n1s119.

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Work is not a commodity like all other commodities, but it is an emanation of the human person. For this reason, its value is higher than all other things. With the beginning of industrialization, in addition to state measures for the protection and education of work, the workers joining forces in mutual unions have done everything to oppose the inferiority of the labor factor to capital. It should be emphasized that the right to work is not a subjective right that you can claim in court in case of non-realization, but it is a principle that the State through policies must be committed to crea

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Stakhov, A. I., and S. A. Porivaev. "Administrative disputes as an integral element of contemporary Russian legal system." Law Enforcement Review 6, no. 4 (2022): 261–76. http://dx.doi.org/10.52468/2542-1514.2022.6(4).261-276.

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The subject. The article is devoted to the study of a wide variety of administrative disputes arising in the Russian legal system, but insufficiently studied by domestic administrative legal science.The purpose of the article is scientific substantiation of the concept, key elements and system of administrative disputes in the Russian Federation, identification of the constitutional foundations for the development of the institute of administrative disputes and proceedings for the resolution of administrative disputes.The methodology of research includes formal logic and systemic approach as w

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Okinarum, Giyawati Yulilania, and Wahyu Rochdiat. "Breastfeeding Experience During COVID-19 Pandemic in Indonesia: Strengthening and Weakening Elements." Malaysian Journal of Medical Sciences 29, no. 3 (2022): 110–21. http://dx.doi.org/10.21315/mjms2022.29.3.11.

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Background: Indonesia is severely affected by the COVID-19 pandemic, particulary in the context of exclusive breastfeeding. Breastfeeding is the safest for babies in disaster situations, and the success of breastfeeding is a social and collective responsibility, as well as also a woman’s decision. The focus of this study is to explore the strengthening and weakening elements of breastfeeding experience during the COVID-19 pandemic. Methods: This is an exploratory qualitative study design, conducted in Yogyakarta Special Region Province, with nine lactating mothers who participated in the study

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Aburass, Sanad. "Right, Wrong, Logic and Mentality." Lecture Notes in Education Psychology and Public Media 59, no. 1 (2024): None. http://dx.doi.org/10.54254/2753-7048/59/20241723.

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This paper explores the nuanced relationship between right, wrong, logic, and mentality in ethical decision-making. It argues that ethical judgments are deeply subjective and context-dependent, influenced by individual and collective experiences, cultures, and cognitive frameworks. The paper introduces the metaphor of mentality as the fabric of the mind and logic as Lego pieces, illustrating how cognitive flexibility and logical structure interact to shape our moral understanding. While advocating for a fluid and adaptable approach to morality, the paper asserts the absoluteness of wrongs when

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Karyoto, Karyoto, and Oktabilla Ayu Lestari. "KAJIAN YURIDIS TERHADAP PENERAPAN PASAL 21 AYAT 1 KITAB UNDANG UNDANG HUKUM ACARA PIDANA (KUHAP) TENTANG PENAHANAN ATAU PENAHANAN LANJUTAN." MIZAN, Jurnal Ilmu Hukum 8, no. 1 (2019): 32. http://dx.doi.org/10.32503/mizan.v8i1.497.

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because suspects or defendants are particularly vulnerable to violations of their human rights, especially in the context of law enforcement. The suspect or defendant is in the position of the examination object in the process. All series of processes, whether in the examination phase of witnesses, expert examinations, evidence collection, and other evidence collection, are directed to a suspect or defendant, either to convict or not to be guilty The aims of this study are: (1) To know the meaning of the obscurity of the norm in the sentence "in the case of a concerning circumstance" con

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Ratia, Katri. "“Connected to the past”." Ciencias Sociales y Religión/Ciências Sociais e Religião 23 (August 31, 2021): e021013. http://dx.doi.org/10.20396/csr.v23i00.14914.

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Contemporary rituals at archaeological sites display competing interpretations of the past, future, and related religious, identitary and political claims—as found in research on contemporary Paganisms. This paper examines such rituality and tradition-building among the Rainbow Family. The article compares the Rainbow case to research on Paganisms, after describing what kind of ritual expressions related to archaeological sites are found in a Rainbow Gathering and how the expressions relate to each other in the frame of the collective culture. The article provides an example of crafted rituals

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Gordon, Rupert H. "Modernity, Freedom, and the State: Hegel's Concept of Patriotism." Review of Politics 62, no. 2 (2000): 295–325. http://dx.doi.org/10.1017/s0034670500029478.

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Hegel's concept of patriotism helps specify an account of the just association of collective identity and state power. This concept has three main features. First, as a distinctly modern virtue, patriotism is limited by Hegel's account of modernity and its link to “subjective freedom.” Second, patriotism forges an important connection between critical reflection and habitual practice, illuminated in a comparison of Hegel's thoughts on ethical education with Aristotelian practical philosophy. Third, these first two dimensions are brought together with a decision grounded in the acceptance of th

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