The principle of publicity is one of the fundamental principles of property law: property rights should be made public in order to inform third parties about the existence of the property right and its holder and thereby to foster legal certainty and efficiency. The publicity of ownership in immovable property is achieved through registration of ownership in the public register. However, the problem arises because of the unavoidable discrepancies between the data contained in the public register and the (...) factual situation. Different states choose different models to solve the practical problems arising out of the aforementioned discrepancies. On the one hand, Lithuania belongs to the group of states that implement the so-called declaratory system of registration, i.e. the transfer of ownership is based on an agreement or other legal grounds and the registration is not mandatory but provides the transfer with a third-party effect. This can be seen as a proof of priority of a factual situation over the registered data. On the other hand, Lithuanian laws provide the data of the register with some positive reliance, i.e. third parties are not only protected from claims arising out of unregistered rights (negative reliance), but they can also rely on the transcripts in the register. This is especially true in the case of bona fide transferee of immovable property which with some minor exceptions acquires ownership even from a non-owner, if the latter honestly relied on the data of the register. This regulatory framework is further adopted and transformed by the case law of the Lithuanian courts. The analysis of the latter shows that courts are inclined to rely more on the factual situation and easily deny the meaning of the registered rights. In various ways, the concept of the bona fide transferee is restricted and there are instances of positive duties ascribed to them. Besides, the existing case law demonstrates equivocal attitude towards the legal effects of registered data. Such tendencies of case law may hinder the rule of positive reliance and cause greater legal uncertainty. (shrink)

The seriousness of the COVID-19 pandemic requires a look into the implementation of drug registration rules for COVID-19 vaccines. Amidst the surrounding exigencies, vaccines being a biological product, require comprehensive and continuing pre and post registration rules to ensure their safety and efficacy. The study focuses on Malaysia which has rules on drug registration that have been successfully applied to vaccines. The study shows that the rules have been tailor-made to emergency situations. At the moment, special rules (...) have been introduced including to allow use of COVID-19 vaccines as unregistered product. Recognition of COVID-19 Vaccines Global Access (COVAX) facility and requirement for government sale only, are among the safety valves. The study shows that these however are temporary measures against the backdrops of possible entry of private players in the vaccination process. Therefore, regulatory responses to intellectual property (IP) related conditions underlying drug registration, and measures to ensure risk management involved in vaccine production, approval and administration are needed in the progressive rules pending further development of research in the area. (shrink)

Land registration systems are used throughout the world in order to store information on the ownership of land, rights attached to it, and burdens affecting it. A smoothly functioning land registration system guarantees the security of land transfer operations. However, there are significant differences in the way national land registration systems are run due to their historical development and divergent legislative approaches to land registration. Consequently, the need arises to compare different systems so as to find (...) both common ground and discrepancies between them. The paper contains such a comparative analysis which has been carried out with translation in mind: to discover the best ways of transferring land registration legal concepts expressed in one linguistic framework and characteristic of a given legal culture into target legal spaces using other linguistic frameworks. The comparison in question has taken place in a third space, a space where selected aspects of selected legal systems mingle revealing more or less clear similarities and more or less distinct differences between them. The juxtaposition of source and target legal cultures in a third space has resulted in finding translation equivalents that do not abuse the original ideas or—if this has been unavoidable—abuse them to the smallest extent possible. The analysis has covered the Polish land registration system and equivalent systems in English- and German-speaking countries and has been conducted from the point of view of a Polish-English and Polish-German translator. (shrink)

Governments must determine the legal procedures by which their residents are registered, or can register, as organ donors. Provided that governments recognize that people have a right to determine what happens to their organs after they die, there are four feasible options to choose from: opt-in, opt-out, mandated active choice, and voluntary active choice. We investigate the ethics of these policies' use of nudges to affect organ donor registration rates. We argue that the use of nudges in this (...) context is morally problematic. It is disrespectful of people's autonomy to take advantage of their cognitive biases since doing so involves bypassing, not engaging, their rational capacities. We conclude that while mandated active choice policies are not problem free—they are coercive, after all—voluntary active choice, opt-in, and opt-out policies are potentially less respectful of people's autonomy since their use of nudges could significantly affect people's decision making. (shrink)

The form and registration requirements applicable for transfer of close company shares differ in various countries. Discussions on separate related aspects take place in the international business transfer theory and practice. The Lithuanian legal regulation of the said requirements is continually improved, taking into account the experience of other countries and business practice needs. Based on the analysis of the European Union, the Lithuanian and foreign legislation, case law and doctrine, this article is designed for the examination of (...) effectiveness and adequacy of current requirements for the form of share sales transactions as well as expedience of fixing the model of public registration of data about shareholders of a close company. (shrink)

MacKay and Robinson (2016) claim that some legal procedures that regulate organ donations (VAC, opt-in, opt-out) bypass people's rational capacities and thus are “potentially morally worse than MAC”, which only employs a very mild form of coercion. We provide a critique of their argumentation and defend the opposite thesis: MAC is potentially morally worse than the three other options.

The paper explores the hypothesis that multinomials can act as authorship-based style distinguishing markers in legal communication. Specifically, the analysis focuses on identifying the quantitative distribution patterns of structural categories of multinomials as typical for two authorship categories and on their communicative function. The two authorship categories that are contrasted here are legal professionals/experts and lay people. The analysis is conducted in the corpus-based methodology with a custom-designed corpus of English, authentic texts found in the legal trade, (...) in the domain of company registration proceedings. The findings confirm that multinomials that are conventionally considered to be a feature of professional legal communication are also cognitively salient in lay communication. Further, the texts drafted by the two categories of authors are profiled by structurally distinct multinomials. Functionally, it has been demonstrated that the structurally distinct types of multinomials that are found quantitatively salient in the two authorship categories are used predominantly for specific stylistic and/or pragmatic functions. Stylistically, multinomials contribute to conventional and ritual patterns which are used to meet the formality standards that have evolved in specific legal professions where authority is of particular importance. Pragmatic factors which account for quantitative salience of specific, structurally profiled categories of multinomials involve mainly reduplication of multinomials that embody norm-related concepts, which is required on the ground of intertextuality and ensures the materialisation of legal effect. (shrink)

Over the last 20 years, sex offender policies, specifically in terms of community corrections, have increased in scope. One of the most controversial and pervasive sex offender policies is that of registration. In response to the consumption of already limited resources, jurisdictions have imposed increasingly higher community supervision fees onto the offenders, requiring them to pay for their own re-entry. However, to date no research study has examined the statutory language associated with registration fees collected post release from (...) formal community sanctions. Using a statutory analysis within the United States, this research finds and quantifies the imposition of a registration fee on offenders who are legally compelled to pay these registration costs, regardless of whether they are still currently under community supervision. Results show that more than half of U.S. states (n = 28) incorporate statutory language authorizing registration fees, ranging anywhere from $5 per registration to up to $250 per year. These findings, as well as suggestions for future research and policy recommendations, are discussed. (shrink)

The legal protection of well-known trademarks is an exception to the fundamental principles of trademark law, i.e. territorality, registration and „speciality“. The well-known trademark is protected even if it had not been registered according to the national legal regulation of that state, in which protection is sought. The well-known trademark can also be protected even in respect to the goods and (or) services which are not similar to those for which the well-known trademark is used or registered (...) (in case the trademark is registered). (shrink)

In 1894, the Institut Colonial International was founded in Brussels, with the aim to engage and promote transnational exchanges between jurists, scholars, politicians, colonial administrators and experts, comparing different colonial experiences. As the Institut Colonial International’s founders had hoped, its publications promoted legal debates, discussions and the prospects of specific legislation, decrees or norms to be adapted and used in entirely different colonial systems. This paper will show that the Institut Colonial International encouraged the exchange of ideas about the (...) various colonial experiences in order to create common and universal principles. International law and domestic law, or national law concerning land register systems and land law were part of the colonial discourse as it endeavoured to create and adopt universal principles of law, trying to establish a platform of common dialogue, with common premises, concerning different colonies, different colonial experiences and ultimately different cultural, social and political contexts. (shrink)

The deteriorating situation of migrant workers’ health rights protection was once again highlighted in the case of Tseng Hei-tao. This case explicitly and implicitly showed that four conundrums—the Employment Restriction Conundrum, the Occupational Safety and Health (OSH) Legal Conundrum, the Morality Conundrum and the Identity Conundrum—are barriers to migrant workers’ right protection. The health rights of migrant workers could be safeguarded by abolishing the outdated household registration system designed in the planned economy era, improving the rule of law, (...) and strengthening administrative supervisions. This would fundamentally remove these barriers and thus contribute to migrant workers’ health rights protection. (shrink)

The article aims to analyze the legal norms that regulate the protection of the property right in the legal system of the Republic of Macedonia. In most cases, the protection of property right is realized through suits; however, our legal system provides for the possibility that the protection of property right can also be realized through the registration of immovable property rights in the respective Public Registries. Given the fact that in the Republic of North Macedonia (...) the normative regulation of property suits is not contained in a single normative act, but rather extends to several such acts, the article, based on the practice of the high courts, seeks to analyze the legal cases related to property rights that qualify as rights similar to property rights, but which enjoy legal protection provided by law. The article will mainly elaborate on the basic provisions on property protection suits contained in the Law on Ownership and other Real Rights (2001). However, in this context, the provisions on property protection that are contained in the Law on Real Estate Cadastre (2008), the Law on Contentious Procedure (2005), the Law on Securing of Claims (2007), the Law on Construction Land (2008), etc., will also be taken into consideration. (shrink)

The aim of UK-REACH (“The United Kingdom Research study into Ethnicity And COVID-19 outcomes in Healthcare workers”) is to understand if, how, and why healthcare workers (HCWs) in the United Kingdom (UK) from ethnic minority groups are at increased risk of poor outcomes from COVID-19. In this article, we present findings from the ethical and legal stream of the study, which undertook qualitative research seeking to understand and address legal, ethical, and social acceptability issues around data protection, privacy, (...) and information governance associated with the linkage of HCWs’ registration data and healthcare data. We interviewed 22 key opinion leaders in healthcare and health research from across the UK in two-to-one semi-structured interviews. Transcripts were coded using qualitative thematic analysis. Participants told us that a significant aspect of Big Data research in public health is varying drivers of mistrust—of the research itself, research staff and funders, and broader concerns of mistrust within participant communities, particularly in the context of COVID-19 and those situated in more marginalised community settings. However, despite the challenges, participants also identified ways in which legally compliant and ethically informed approaches to research can be crafted to mitigate or overcome mistrust and establish greater confidence in Big Data public health research. Overall, our research indicates that a “Big Data Ethics by Design” approach to research in this area can help assure (1) that meaningful community and participant engagement is taking place and that extant challenges are addressed, and (2) that any new challenges or hitherto unknown unknowns can be rapidly and properly considered to ensure potential (but material) harms are identified and minimised where necessary. Our findings indicate such an approach, in turn, will help drive better scientific breakthroughs that translate into medical innovations and effective public health interventions, which benefit the publics studied, including those who are often marginalised in research. (shrink)

This chapter describes a number of medico-administrative and legal changes that were introduced in nineteenth-century Egypt and that gave rise to an individualized conception of identity. Prompted by the recruitment needs of a new conscript army, an administrative apparatus was put in place that gave rise to novel techniques of identifying peasants, monitoring their movements, and controlling their bodies. A wide-ranging public hygiene programme aimed at serving the army resulted in a statistical regime whose crowning achievement was a nation-wide (...) census. Concurrently, legal reforms replaced the reputational and oral witnesses that the shari'a relied on with named and written forms of identification. The chapter concludes with a discussion about the implications of this rise of a free-floating individual for conceptions of legal equality. (shrink)

"Law week soccer competition: 16-19 May 2005." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (198), pp. 25.

The Russian Orthodox Church, the biggest centralized religious institution in the post-Soviet space, has been going through major changes in the 2000s. These are connected to qualitative changes in the composition of believers and clergy as well as legal registration of rights on church property obtained from the government in the 1990s. This has led to substantial changes in internal policies, particularly a sharp decrease in the influence of fundamentalists, which had been rising over the previous decade. Moreover, (...) the years of Putin's rule were years of failure in the church's relations with the government, which consistently denied the ROC's most important requests. In this paper we will examine the principal social developments that have been taking place within the Church in the first years of the twenty-first century. (shrink)

A civil partnership is a legally recognized relationship between two people of the same sex or the opposite sex that offers many of the same benefits as a conventional marriage. Before addressing the specificities of the French civil partnership contract, designated as a civil covenant of solidarity, commonly known as PACS, it is necessary to define and explain the origin of this type of contract. The conclusion of a PACS, despite the fact that it is less formal than marriage, implies (...) the respect of certain conditions of substance and form during its formation and its modification. Recently, PACS has undergone changes on this point, through a simplification of the rules of form with the establishment of its statement and registration by the registrar, removing the court clerk’s intervention. Once the PACS is concluded, with the main purpose of organizing the couple’s common life, this contract produces personal, pecuniary and patrimonial effects between the partners. As the PACS is legally only a contract, it can be dissolved by the appearance of four events. When PACS is dissolved, consequences result for the situation of the partners because they must proceed to the liquidation of the property they own and also repay the debts incurred during the period of their living together. If the dissolution of PACS is caused by the death of one of the partners, then particular consequences will affect the situation of the surviving partner. In fact, couples who entered into a PACS are not considered heirs in the eyes of the law. However, there are alternatives preventing the application of this principle, but they must be realized during the lifetime of the partners. (shrink)

The proposed article provides an overview of European and North American states’ legislation, which regulates the procedure for pre-clinical research, clinical trials and state registration of medicinal products, as well as responsibility for its violation, analysis of the problems and prospects of adaptation of the national legislation to European legal space, particularly in the field of criminal and legal regulation of relations in the sphere of pre-clinical trials, clinical trials and state registration of medicine. The emphasis (...) is put on the matter that inclusion of Article 321-2 into the Criminal Code of Ukraine leads to a false concurrence with other provisions of the Code. The author proposes to introduce recent EU legislation (Acquis Communautaire) on legal regulation of clinical trials and circulation of medicine into the law of Ukraine, clarify terminology related to Fundamentals of Ukrainian Legislation on Health Protection and the Special Part of criminal law, introduce criminal liability for legal entities that will provide effective control over negative effects of research centers’ activity. It is suggested to develop legislative proposals to improve the provisions of the Criminal Code of Ukraine, which provide legal protection of relations arising in connection with pre-clinical research, clinical trials and state registration of medicinal products. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:WisCon 46Laurie Fuller, Jenna N. Hanchey, and E. OrnelasExistence as Resistance, WisCon 46, May 26–29, 2023, Madison, Wisconsin, United StatesIn a world that seems structured to kill most of its occupants, there is a utopian impulse in the act of existence itself. WisCon 46 represented a prefigurative utopian impulse through centering continued marginalized existence as resistance.1 Leah Lakshmi Piepzna-Samarasinha calls “prefigurative politics” the “fancy term for the idea (...) of imagining and building the world we want to see now,” particularly in terms of access needs.2 The structure as well as the content of the convention itself created a space in which to set the groundwork for utopia: the ways that we live and act to resist structures of oppression in order to prefigure a better world.Since WisCon’s founding in 1977, its intended audience has been fans, authors, and academics interested in the intersection between feminism and “science fiction, fantasy, and speculative literature of all sorts.”3 While neither feminism nor speculative fiction could be solely defined as utopian, both do explore utopian impulses that inspire change for the better. Therein lies the hope of Alessa Johns’s proposal that “the utopian imagination has been crucial for feminists.”4 Lisa Yaszek agrees: “for nearly 200 years writers have used speculative fiction consciously and collectively to dramatize the political issues most central to women living in a technocultural world and to create a sense of wonder about the interrelated possibilities of social and scientific change.”5 Envisioning a liberatory world is a feminist imperative, and speculative fiction offers a unique venue to do so. This imperative informed WisCon this year, as participants collectively worked to imagine and enact a better future for marginalized folks, in and beyond the space of the conference. [End Page 618]Enabling Existence through Con StructuresWisCon is unique in attuning its organizational structure to the creation of liberatory futures in the here and now. WisCon is strongly attentive to disability access of all kinds, COVID safety, antiracist/anti-oppression principles, and safety and anti-abuse support for all these areas. In the contemporary US context—where COVID-19 remains a major barrier to disabled people wishing to participate in conventions, where racist violence continues to threaten BIPOC (Black, Indigenous, and People of Color) life, where queer and trans folks are under exacerbated legal attacks—creating a convention space that protects and enables marginalized participation becomes a means of prefiguring utopian potential through embodied praxis. As mask, capacity, and vaccination mandates disappear (despite these ongoing pandemic times), and as bigotry of all forms continues relatively unabated, WisCon 46 remains steadfast in its commitment to safety. In short, the conference itself aims to become a utopian space.WisCon organizers are also keenly aware of the challenges that many different bodyminds might encounter in large group settings.6 Trained monitors oversee in-person and online programming in an effort to discourage harmful words and actions as well as ensure the fullest participation for those most impacted. Hence, disability justice lies at the center of the Con’s policies and practices. The event is made as accessible as possible through careful attention to venue selection, including the availability of gender-neutral bathrooms, scent-free spaces, and quiet rooms, as well as the use of color communication badges.This year’s event followed strict masking and testing protocols: individually packaged rapid COVID-19 tests were available without cost at registration, as were KN95 masks. The Con kept an anonymized record of self-reported positive COVID-19 tests, in case of possible exposure. This mutual responsibility reflects the kind of utopianism inherent to disability politics; that is, disability “allows for reformulation of in/dependence and community,” a way of rethinking how we share space and produce knowledge together.7The conference’s decidedly feminist approach “to creating a space for feminism and its consideration within the science fiction community” is applied at every level. The Con’s general organization and procedures are structured as nonhierarchically as possible. There is a board of directors as well as co-chairs, but these are rotating positions. This “commitment to feminism” is [End Page 619] reflected... (shrink)

This article explores how the Portuguese legal system’s efforts to determine paternity of children born outside legal marriage, automatically initiated by the Registry Office when a birth registration does not indicate the father, reveal cultural models which reinforce the naturalisation of the differences between mothers and fathers, with significant effects on the social construction of parental roles and on expectations of family organisation and female sexual behaviour. The article relies on ethnographic data drawn from direct observation of (...) court proceedings for the determination of paternity, as well as interviews with judges and prosecuting counsels all over the country. It is argued that judicial practices in the specific context of courtroom investigations of paternity reinforce gender inequalities in two interrelated ways. On the one hand, they are strengthened in the discursive practices performed during the course of the interactions between judges, prosecuting counsels and the mother of the child, as well as the alleged father. On the other hand, the normative model of family life and the dominant ideology of women’s and men’s relationships, which emphasise women’s socially subordinate position, are revealed by the selective use of DNA testing in paternity cases, based on the judge’s evaluation of the mother’s sexual behaviour. The article argues that legal attempts to establish the paternity of children born outside marriage—though based on novel technical and supposedly objective procedures—tend, nevertheless, to reproduce the prevailing patriarchal structures. (shrink)

Genetic testing has historically been performed in the context of chronic disease and cancer diagnostics. The timelines for these tests are typically measured in days or weeks, rather than in minutes. As such, the concept that genetic information might be generated and then used to alter management in the acute setting has, thus far, not been feasible. However, recent advances in genetic technologies have the potential to allow genetic information to be generated significantly quicker. The m.1555A>G genetic variant is present (...) in one in 500 individuals and predisposes to profound hearing loss following the administration of aminoglycoside antibiotics. These antibiotics are used frequently in cases of neonatal sepsis and it is estimated that approximately 180 neonates in the UK are at risk of antibiotic induced hearing loss each year because of this genetic change. Knowledge of this variant in the acute setting would allow clinicians to prescribe alternative antibiotics. The Pharmacogenetics to Avoid Loss of Hearing study will implement a genetic point of care test for the m.1555A>G variant within two major UK based neonatal intensive care units. This represents the first trial of a genetic POCT aimed at altering management in the acute setting. This round table discussion outlines the novel ethical issues faced in the development of this trial and the legal barriers to implementation. We ask five stakeholders to provide their opinions on this trial and their perspectives on the concept of genetic testing in the acute setting.Trial registration numberISRCTN-13704894. (shrink)

We respond to Morgan and Feeley’s critique on our article “Mass Media in Organ Donation: Managing Conflicting Messages and Interests.” We noted that Morgan and Feeley agree with the position that the primary aims of media campaigns are: “to educate the general public about organ donation process” and “help individuals make informed decisions” about organ donation. For those reasons, the educational messages in media campaigns should not be restricted to “information from pilot work or focus groups” but should include evidence-based (...) facts resulting from a comprehensive literature research. We consider the controversial aspects about organ donation to be relevant, if not necessary, educational materials that must be disclosed in media campaigns to comply with the legal and moral requirements of informed consent. With that perspective in mind, we address the validity of Morgan and Feeley’s claim that media campaigns have no need for informing the public about the controversial nature of death determination in organ donation. Scientific evidence has proven that the criteria for death determination are inconsistent with the Uniform Determination of Death Act and therefore potentially harmful to donors. The decision by campaign designers to use the statutory definition of death without disclosing the current controversies surrounding that definition does not contribute to improved informed decision making. We argue that if Morgan and Feeley accept the important role of media campaigns to enhance informed decision making, then critical controversies should be disclosed. In support of that premise, we will outline: (1) the wide-spread scientific challenges to brain death as a concept of death; (2) the influence of the donor registry and team-huddling on the medical care of potential donors; (3) the use of authorization rather than informed consent for donor registration; (4) the contemporary religious controversy; and (5) the effects of training desk clerks as organ requestors at the Department of Motor Vehicles offices. We conclude that organ donation is a medical procedure subject to all the ethical obligations that the medical profession must uphold including that of transparency and truthfulness. (shrink)

BackgroundObtaining consent has become a standard way of respecting the patient’s rights and autonomy in clinical research. Ethical guidelines recommend that the child’s parent/s or authorised legal guardian provides informed consent for their child’s participation. However, obtaining informed consent in paediatric research is challenging. Parents become vulnerable because of stress related to their child’s illness. Understanding the views held by guardians and researchers about the consent process in Malawi, where there are limitations in health care access and research literacy (...) will assist in developing appropriate consent guidelines.MethodsWe conducted 20 in-depth interviews with guardians of children and research staff who had participated in paediatric clinical trial and observational studies in acute and non-acute settings in the Southern Region of Malawi. Interviews were audio-recorded, transcribed verbatim, and thematically analysed. Interviews were compared across studies and settings to identify differences and similarities in participants’ views about informed consent processes. Data analysis was facilitated by NVIVO 11 software.ResultsAll participants across study types and settings reported that they associated participating in research with therapeutic benefits. Substantial differences were noted in the decision-making process across study settings. Guardians from acute studies felt that the role of their spouses was neglected during consenting, while staff reported that they had problems obtaining consent from guardians when their partners were not present. Across all study types and settings, research staff reported that they emphasised the benefits more than the risks of the study to participants, due to pressure to recruit. Participants from non-acute settings were more likely to recall information shared during the consent process than participants in the acute setting.ConclusionThe health care context, culture and research process influenced participants’ understanding of study information across study types and settings. We advise research managers or principal investigators to define minimum requirements that would not compromise the consent process and conduct study specific training for staff. The use of one size fits all consent process may not be ideal. More guidance is needed on how these differences can be incorporated during the consent process to improve understanding and delivery of consent.Trial registration Not applicable. (shrink)

Over the last few years, policies have been introduced in the UK that identify and treat patients as potential organ donors before death. Patients incapacitated due to catastrophic brain injury may now undergo intensive ante-mortem interventions to improve the chances of successfully transplanting their organs into third parties after death. The most significant ethical and legal problem with these policies is that they are not based on the individual’s specific wishes in the circumstances. Policy-makers appear reluctant to inform potential (...) registrants on the Organ Donor Register about ante-mortem donor optimisation procedures and to provide an opportunity to record specific wishes in advance. They are reliant on blind trust in the organ donation programme, which as I argue in this paper, presents significant risks for the achievement of its aim of securing an adequate supply of organs for transplantation. I argue that informed trust, based on accurate information about the future consequences of registra... (shrink)

Cette édition numérique a été réalisée à partir d'un support physique, parfois ancien, conservé au sein du dépôt légal de la Bibliothèque nationale de France, conformément à la loi n° 2012-287 du 1er mars 2012 relative à l'exploitation des Livres indisponibles du XXe siècle. Pages de début Avant-propos Première recherche - Autrui, présence sans concept Présentation 1 - L'état de la question : de l'anthropologie à la philosophie de la notion d'autrui 2 - Aporétique de l'altérité personnelle 3 - La (...) problématique de la proximité et la seconde personne 4 - Une catégorie linguistique de la personne? 5 - Connaissance ou reconnaissance d'autrui? L'illusion spéculative 6 - Une formulation linguistique du problème de l'altérité personnelle 7 - Vers une éthique des relations interpersonnelles par l'exercice de la parole 8 - L'hypothèse transcendantale 9 - La parole tronquée faire échec à la peur et à la violence : la réciprocité du signe Deuxième recherche - Essai pour introduire en pragmatique les concepts de rétro-référence et de co-référence Présentation I - Questions de méthode II - L'état de la question III - La référence aux interlocuteurs IV - Les conditions dialogiques de la référence au monde Troisième recherche - Eléments pour une pragmatique du dialogue. Le dialogue référentiel Présentation I - L'espace logique de l'interlocution II - L'intégration des théories existantes III - Le dialogue régulier IV - Pour une typologie du dialogue Quatrième recherche - L'enjeu épistémique du dialogue : avoir une croyance commune Présentation 1 - Les trois voies de l'analyse : une homologie 2 - Du registre modal de la croyance à sa dynamique interne : vers un élargissement des référentiels 3 - Le dialogisme de la croyance commune 4 - Individuation et identification le problème posé par l'identification bilatérale des individus 5 - Caractère réflexif de la croyance commune la convention des critères et les hypothèses restrictives 6 - Les phases du dialogue et le travail de quantification logique une objection dirimante? 7 - « Fixer la référence » des termes singuliers remarques sur l'interprétation de Saul Kripke 8 - Le recours à la théorie des jeux de stratégie notion de règle stratégique 9 - De la logique du dialogue à l'idée d'une logique fondée sur le dialogue 10 - La métaphore secourable du jeu compétitif compétition et coopération dans le jeu dialogique 11 - Le consensus pragmatique : notion de confrontation épistémique le dynamisme novateur de la relation dialogique 12 - Triple relativité de la référence 13 - Questions en suspens : figuration et symbolisation l'opinion droite 14 - L'appel à une sémantique de l'action Cinquième recherche - Le système sublogique des phrases en « nous » Présentation 1 - Clore le dialogue : réussite, échec, contrefaçons 2 - La mise en communauté de l'énonciation équivocité, plurivocité, polysémie 3 - Le dialogisme de la compréhension remarques critiques sur l'instance transcendantale 4 - Variables logiques et variables pronominales 5 - Le « nous » comme sujet apparent d'une double prédication 6 - Degrés de dépendance à l'égard du contexte pragmatique 7 - La pluralisation de « je » : pluriel objectif et pluriel personnel 8 - L'autodétermination du « nous » 9 - Les supplétifs stylistiques 10 - La parole heureuse matrice de la relation humaine de mutualité NotesIndex des noms propres Index analytique Pages de fin. (shrink)

Context is a notion that is commonly invoked in many linguistic studies, either with very general reference or, more specifically, in the light of one of a number of research approaches which assign distinct definitions to context, ranging from factors that can be recovered from a text, through social parameters serving as an index for the appropriation of discursive performance, to factors that bring texts into being and give them meaning. This exploratory and descriptive research problematises the notion of context (...) specifically on the grounds of English/Polish translation of corporate documentation processed in company registration proceedings, touching upon factors that are presumed to be discursively relevant in this communicative situation. The study is conducted from the perspective of the sociocultural approach and it adopts the parallel corpus methodology. The author discusses the concept of context on the ground of legal communication and secondarily presents a corpus-based description of the context categories that are idiosyncratic and potentially discursively relevant for the said communicative situation in the cross-linguistic perspective. The contextual variation is tested for its capacity to affect translation performance. The results reveal specific tendencies as regards the distribution patterns in the values corresponding to the investigated context categories. They point to some divergencies in translation output caused by the source text variantivity and they pave the way and directions for further research. Already at this stage the findings may have significant pedagogical value and they constitute a solid starting point for sociolinguistic research on discourse variantivity. (shrink)

Cases of poor care have been documented across the world. Contrary to professional requirements, evidence indicates that these sometimes go unaddressed. For patients, the outcomes of this inaction are invariably negative. Previous work has either focused on why poor care occurs and what might be done to prevent it, or on the reasons why those who are witness to it find it difficult to raise their concerns. Here, we build on this work but specifically foreground the responsibilities of registrants and (...) students who witness poor care. Acknowledging the challenges associated with raising concerns, we make the case that failure to address poor care is a breach of moral expectation, professional requirement and, sometimes, legal frameworks. We argue that reporting will be more likely to take place if those who wish to enter the profession have a realistic view of the challenges they may encounter. When nurses are provided with robust and applied education on ethics, when “real‐world” cases and exemplars are used in practice and when steps are taken to develop and encourage individual moral courage, we may begin to see positive change. Ultimately however, significant change is only likely to take place where practice cultures invite and welcome feedback, promote critical reflection, and where strong, clear leadership support is shown by those in positions of influence across organisations. (shrink)

This article refers to the criminological analysis of the state registration of victimological data about criminal victimization in Lithuania. The period of analysis is 2004-2009. Following the validation of new criminal laws on 1 May 2003, from 2004 a period of stable state registration of crime victims, i.e. a period without significant changes in criminal laws, commenced. The article deals with the analysis of spreading of criminal victimization among natural persons and juridical persons in Lithuania. The registered number (...) of crime victims in Lithuania during 2004-2007 decreased in consecutive order (14.3%, compared to 2004). Since 2008 the new changes have become clear—the registered number of persons mentioned above has gone up, though insignificantly, by 5%. The registered number of juridical persons as victims over this period increased (29%, compared to 2005). But juridical persons became victims of misdemeanors more often than natural persons—so their situation was better than that of natural persons. (shrink)