Documents found
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3681.More information
The recognition of the “quality of disabled worker” in the French Labor Code has gradually had the effect of normalizing disabilities in the workplace. Disabled workers have acquired increased protection through laws, regulations, and policies for the purpose of obtaining or keeping a job. Requests for recognition are now widely encouraged by all public and private stakeholders in the field of disability. We are therefore witnessing, in France, the plebiscite of a real employment standard, that of "disabled worker", to govern the work situation of people with disabilities. However, the application of this standard finds significant limits regarding the situation of people with a mental disorder or a chronic disease, leading to a reflection on its necessary evolution.
Keywords: Norme d’emploi en France, Employment standard in France, Travailleur handicapé, Disabled workers, Maladies chroniques, Chronic diseases, Troubles psychiques, Mental health disorders
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3682.More information
Since 2014, the USA stands accused of engaging in espionage against Germany, a NATO partner and supposedly close ally. Many, though by no means all of these allegations became known because of the Snowden revelations. In Germany, this has led to a public backlash and has caused many to criticize the German government's feeble reaction. Against this backdrop, this article considers whether the alleged US conduct may have even gone beyond abusing Germany's trust by actually violating public international law. After summarizing the main accusations, the state of the debate on the legality of espionage in international law will be analysed. This will allow the conclusion that there is so far no convincing answer to the question of whether espionage violates public international law or not. This is due to the imprecise, contradictory and changing definitions of the term “espionage”, but also, more importantly, to the fact that there is no necessity for international law to deal with “espionage”. Rather, customary international law already provides clear guidance as to the lawfulness or unlawfulness of most, if not all, activities commonly associated with espionage. A detailed legal analysis of the alleged US spying activities will confirm this proposition and reveal that US conduct, if proven, did indeed violate public international law in each case. The USA not being able to rely on any legal justification for its actions, Germany would consequently be well within its rights to adopt countermeasures.
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3683.More information
Diachronic and synchronic studies of linguistic landscapes of central streets and markets were conducted in five cities in Ukraine with different language use preferences in 2015 and 2017–19. The relationship between a monolingual state language policy and the reality of language use in public spaces was investigated. This study focuses on the dynamics of the linguistic landscape of Odesa, a Russian-speaking city with a weak historical connection to the state of Ukraine, and compares them with the linguistic landscapes of central Kyiv, Dnipro, Zaporizhzhia, and Lviv. Linguistic landscape data are complemented with semi-structured interviews investigating de jure policies, de facto practices, and beliefs of individuals who make their language choices in public signage, often contesting the official language policy regulations. Linguistic data can deliver messages about power, values, and the salience of languages used in public places. This mixed-methods research is grounded in a critical ethnographic approach to the study of language policy, politics, and planning. The linguistic landscape in Odesa, a polyethnic city, is exceptionally dynamic in reflecting the de facto language policy in the city. The effects of globalization and language commodification were marked by compliance with the official policy on the central street, but proof of inhabitants’ identity with the Russian language as the lingua franca was evident as the data collection site moved away from the city centre. This synchronic and diachronic studies of languages in Odesa is compared with the languages spoken in four Ukrainian regions and marks a proportional increase in the presence of two main languages—Ukrainian and Russian—independent of the Ukrainization efforts of the state at the time of war. It also suggests that an increase in the use of English, as observed in Odesa, is a way to avoid using the state language.
Keywords: linguistic landscape, language policy, Odesa, Ukraine, diachronic study
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3684.More information
Article 3136 C.c.Q. is a departure from the general rules of jurisdiction applicable to a Quebec authority. Based on the principle of necessity and in the absence of an appropriate forum, it authorizes an authority to exercise jurisdiction in relation to a matter not subject to its direct jurisdiction when it is impossible or unreasonable for the parties to access a foreign authority and when the litigation has a sufficient connection with Quebec. Article 3136 thus confers a discretionary jurisdiction on a Quebec authority. This discretion is limited by the definitional elements expressed in article 3136 and has been further narrowed by an inappropriate interpretation by the Court of Appeal in Lamborghini. The critical factor is that necessity jurisdiction implies that the litigation is subject to an effective remedy in the Quebec forum. Availability of an effective remedy renders reasonable the exercise of necessity jurisdiction and the requirement that foreign litigation be instituted, unreasonable. However, the factor of remedy is ignored, or without expression, in both doctrine and jurisprudence. Supported by a comparative approach between the civil law and the common law, the first part presents a general analysis of this exceptional rule with particular attention to the Swiss law which inspired the drafters of article 3136. In the second part, article 3136 is considered in context with the general provisions of the Code and the legislative history of the provision is clarified. The third part analyzes the definitional elements of the article and the last part examines its application as reflected in the relevant jurisprudence.
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3686.More information
Research on miracle-working images has shown that devotees attributed their power to the authentic likeness of the holy people these images possessed. An authentic likenss of Christ, for instance, possessed his seemingly infinite agency. Using the miraculous painting of the Annunciation at the Santissima (SS.) Annunziata in Florence as a case study, this article questions whether an image’s agency was indeed limitless. Based on an examination of various hagiographical writings on the shrine written during the Counter-Reformation period, in particular Angelo Lottini’s Scelta d’alcuni miracoli e grazie della Santissima Nunziata di Firenze, this article proposes that certain miracles were connected with the image’s origins. In light of James Frazer’s theory of sympathetic magic, and Alfred Gell’s more recent theory of art and agency, this article argues that these post-Tridentine writings define the Annunziata image’s agency by the circumstances of its origins, which made it especially (though not exclusively) powerful over problems relating directly or conceptually to the mind, imagination, and eyes.
Keywords: Counter-Reformation Art, Florence, Santissima Annunziata, Miracle-working Images, Hagiography, Agency, Giovanni Angelo Lottini, Luca Ferrini, Francesco Bocchi, Fertility
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3687.More information
To study the role of Information and Communication Technology (ICT) on countries’ socioeconomic development, the paper investigates the case of Facebook penetration on improving their standing as measured via GNI per capita PPP (Gross National Income per capita based on purchasing power parity). We use four macro factors categories (political, economic, demographic, and technological) in addition to Facebook penetration per capita in order to measure the potential influence of various factors on the socioeconomic level of countries. While the analyses of ICT effect on development has been the focus of many papers in the past, the specific analysis of social media is scarce. Compared to previous studies investigating social media role, we use a large dataset covering all classes of countries and examine holistically many types of determinants using different models. In addition, we distinguish our paper using the economic classification of countries according to the World Bank. Our study indicates that Facebook penetration has a significant positive role on the socioeconomic level of countries, but such role varies depending on the countries’ classification level. Besides, there is a decreasing marginal effect showing the importance for policy makers to assess the complex dynamic behind the characteristic of each country.
Keywords: Facebook penetration, Country level analysis, Socioeconomic development, World Bank classification
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3688.More information
Ontario’s Class Proceedings Act [CPA] is 30 years old. In the past three decades, it has inspired similar legislation across Canada and around the world, and its capacity for bringing about social change has been widely acknowledged. But, like all things that mature, some cracks are beginning to show. The certification test under section 5 of the CPA has been made more restrictive by recent legislative amendments. In addition, class action practitioners are starting to recognize that the CPA can be a blunt instrument and that some mass claims are better litigated outside of that context. While smaller claims may find safety in numbers in a class action, larger claims that require more individualized treatment may get lost in the crowd. Outside of the CPA, however, there is minimal guidance in this area, and this can lead to uncertainty and delay.This article proposes a set of informal guidelines for the litigation of mass claims in Ontario, informed by multidistrict litigation in the US and group litigation in England & Wales, as well as the theory and history of mass claims typology. This guidance will reduce uncertainty and delay by facilitating agreement between parties on procedural steps and provide much-needed direction for a growing phenomenon.
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3689.More information
This article uses the methods that Locke advocated in his Essay Concerning Human Understanding to evaluate manuscript evidence from five different schemes and two drafts of the Fundamental Constitutions of Carolina, to thereby determine what role, if any, John Locke had in writing it, and in advocating for slavery and absolutism. It focuses on the influential claims put forward by David Armitage 20 years ago, that Locke was responsible for actively promoting slavery in Carolina’s Fundamental Constitutions. It enables the reader to view, and judge, the relevant evidence. The author concludes, and invites the reader to conclude, that Armitage’s main claims lack foundation in the manuscript evidence. That evidence instead points towards the legal power of those who owned Carolina, the Lords Proprietors, and to the crown, which granted Carolina’s charter, and to the logic of a different theory of government, patriarchalism, for the rationale behind both slavery and absolutism. The central ideas behind slavery and colonization were epitomized, as Locke understood, by Sir Robert Filmer, who wrote the book to which Locke responded in his Two Treatises of Government. Filmer’s ally, Sir Henry Spelman, like Filmer a deeply committed royalist who believed in the king’s unlimited prerogatives, composed the original 1629 Carolina charter that shaped the Fundamental Constitutions. Misattributing the authorship of particular clauses to Locke is a symptom of a larger failure to distinguish the impact of momentous debates over authority and race in the seventeenth century. Locke’s theories did, in practice as well as principle, reject the theory of domination put forward by Filmer, and argued instead for human rights and democracy that were inclusive and capacious. The manuscript evidence has the potential to reshape how modern democratic theory is understood in the present.
Keywords: Locke, Fundamental Constitutions of Carolina, slavery, absolutism, manuscripts, Sir Robert Filmer, Lords Proprietors, Two Treatises of Government, Human understanding, law, human rights, democracy, race, racism, evidence, Patriarchalism, David Armitage, seals, legality, Carolina
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