The article discusses the process of switching temporal regimes in Soviet culture at the turn of the 1920s - and during the 1930s on the material of architecture. The concepts of time in constructivism and neoclassicism are compared since the struggle between them determined the main vectors of artistic development in the reconstruction period. The author analyzes the discourse of the official position in relation to the main trends in the development of architecture in the context of the periodization of (...) socialist construction and elicits the reasons for supporting the reference to the classical heritage. The change of political agenda set new requirements for architecture as the most important way of social representation. The new society - socialism - was interpreted in constructivism, which was the leading direction of 1920s architecture, in the modus of the future. In the neoclassicism of the 1930s, socialism was placed in the modus of the present. Constructivism was aimed at the pragmatics of restoring social fabric and solving current problems, as well as at constructing a future society and human. At the end of the first five-year plan, the authorities set other goals for culture in general and architecture in particular: the representation of achievements and the expression of the greatness of socialist construction. Neoclassicism was called upon to perpetuate the present state of affairs in the modus of real perfection and superiority of Soviet socialism over any other formats of social life. Between the time of creation and the time of completion, there is formed a gap that must be hidden. As a way of hiding the temporal gap were chosen classical principles of form-making and examples of the Renaissance and Russian classicism, that were designed to convincingly demonstrate, on the one hand, the possibility of accelerating and compressing time, the swiftness of achieving the ideal, and on the other hand, tp depreciate innovations, make the idea of the movement of time into the future unnecessary. The theory of the leading neoclassicist I. Zholtovsky is discussed as an alternative to the utopian interpretation of time in constructivism, as materializing the mythological time, in which the source and end of creation are given simultaneously in the modus of eternity. (shrink)

This paper is an experiment in collective writing conducted in Autumn 2019 at the Faculty of Education at Beijing Normal University. The experiment involves 12 international masters' students readi...

The new industrial paradigm Industry 4.0, or smart industry, is at the core of contemporary debates. The public debate on Industry 4.0 typically offers two main perspectives: the technological one and the one about industrial policies. On the contrary, the discussion on the social and organizational effects of the new paradigm is still underdeveloped. The article specifically examines this aspect, and analyzes the change that workers are subject to, along with the work organization, smart digital factories. The study originates from (...) an empirical survey conducted by the author together with a multidisciplinary research group between 2014 and 2015 in some of the largest Italian factories.In particular, the article analyzes the links between digital society, digital culture and Industry 4.0, focusing on the issue of people’s participation in the process of change, within a specific case study from the railway sector.Many elements of the Industry 4.0 paradigm are widespread outside the factory, in society; they are not only technological elements but also cultural. One of the key aspects of the analysis is the question of participation and the “person-centered” culture. The subject is addressed critically by presenting both the RE-personalization processes and the new processes of DE personalization caused by digital automation. (shrink)

In this paper, we attempt to de-naturalize the prevailing economistic imaginary of work that Max Weber and later commentators described as ‘protestant work ethic,’ epitomized in the figure of homo economicus. We do so by contrasting it with the imaginary of skillful work that can be found in vignettes about artisans in the Zhuangzi. We argue that there are interesting contrasts between these views concerning 1) direct goal achievement vs. indirect goal achievement through the cultivation of skills; 2) the hierarchization (...) of mental versus physical dimensions of work; 3) the crafting of non-dominating relationships between the working subject, their object, and their instruments of work, which leads to questions about the sustainability of these relationships; and 4) the relationship between work and well-being, which the Daoist texts conceptualize in a much more holistic, but also more presentist way than Western economic rationality. We conclude by pointing out the relevance of these differences for several contemporary debates about work, by denaturalizing a dominant imaginary of work, by distinguishing different forms of work, by suggesting a different relation between work and nature, and by raising questions about the desirability of the automation of work. (shrink)

:This article reexamines the “prostitution objection” to paid surrogacy, and argues that rebuttals to this objection fail to focus on surrogates as embodied persons. This failure is based on the false distinction between “selling one’s reproductive services” and “selling one’s body.” To ground the analysis of humans as embodied persons, this article uses Kant’s late ethical theory, which develops the conceptual framework for understanding human beings as embodied selves. Literature on surrogacy commonly emphasizes that all Kantian duties heed to the (...) categorical prohibition to treat persons as mere means. What this literature leaves out is that this imperative commands us more specifically to engage ourselves and others as embodied persons. This article aims to relate this point to a specific issue in assisted reproduction. It argues that a Kantian account of human beings as embodied persons prohibits paid surrogacy on exactly the same grounds as it prohibits prostitution. (shrink)

The Hyperuniverse Program is a new approach to set-theoretic truth which is based on justifiable principles and leads to the resolution of many questions independent from ZFC. The purpose of this paper is to present this program, to illustrate its mathematical content and implications, and to discuss its philosophical assumptions.

The study relevance lies in understanding strategic objectives' content concerning intelligent technologies’ application. The development and application of artificial intelligence in various branches of human activity carry the potential for global changes in society, which, in methodological terms, increases the relevance of considering these problems. The study of ethical problems of artificial intelligence in the concept of sustainable development of society is connected with the dynamic development of innovative artificial intelligence (AI) technologies, which are considered a process of becoming a (...) new technosubject in the context of neuroscience development. The article emphasizes that the development of artificial intelligence acts as an innovative form of technology development when a new kind of human-machine technosubject is formed. The authors identify social problems of artificial intelligence application as the digitalization of life becomes a global anthropological challenge. Innovations of artificial intelligence are directly related to a number of ethical problems, as they contribute not only to the sustainable development of society but also cause dehumanization of relations between people and society. Based on the analysis of qualitative changes in scientific and technological research, using human-machine devices is becoming inevitable. Humankind must develop ethical guidelines for the application of AI systems. (shrink)

Normative case studies are designed to offer richly detailed “worlds of possibility” that invite complex reflection and discussion about authentic ethical dilemmas in education. In this essay, Tatiana Geron and Meira Levinson argue that authors' choices of what details to include in a case are themselves ethical decisions that require significant ethical responsibility. Case details can shape which avenues of ethical inquiry are open to readers, whether and how institutional and structural conditions get considered, whose perspectives are included and (...) legitimized, and what political issues are understood as “open” or “closed.” At its best, case “world-building” can help readers understand the full complexity of ethical decision-making in education. However, for this to occur, case authors must seek out expert and dissenting perspectives, field test the case with diverse audiences, and remain reflexive about their own perspectives and how these shape their world-building decisions. (shrink)

This paper argues that the impact of individual higher education institutions’ strategies on system diversity should be explored. By looking at how universities respond strategically to governmental policies as well as to the actions of other (competing) institutions, our understanding of determinants of diversity can be enriched. A conceptual framework focusing on institutional positioning is explained using the dimensions deliberateness of organizational actions versus environmental influence, on the one hand, and differentiation versus compliance, on the other. We posit institutional positioning (...) as the mechanism through which organizational and environmental levels are linked. Our model features multiple dimensions and relations reflecting how higher education institutions locate themselves in specific niches, i.e. positions where they are able to gather the necessary resources for their core activities. The implications for research on diversity and for policymaking are discussed. (shrink)

This article examines public communication about atomic energy as an important vector in the political, institutional, and technological transformations of Ukraine's nuclear industry since the breakup of the USSR. It explores the ongoing effort to make the atom more domestic, familiar, human, and accessible against the not-so-distant backdrop of the Chernobyl nuclear disaster in 1986. The central focus of this article is the analysis of children's drawings of nuclear power stations produced for art contests organized by local nuclear information centers. (...) These contests and other activities of the centers have contributed to the increased visibility of nuclear power in Ukraine. The drawings reveal the inscription of the atom into complex representations about the Ukrainian nation, its past, present, traditions, and modernity. The analysis of these drawings as well as government and nuclear power station (NPP) documents, press articles, and interviews indicates that the notion of the “domestication” of the atom is a particularly appropriate way to describe the banalization of nuclear technologies in Ukraine. (shrink)

What counts as an intuitively plausible set theoretic content (notion, axiom or theorem) has been a matter of much debate in contemporary philosophy of mathematics. In this paper I develop a critical appraisal of the issue. I analyze first R. B. Jensen's positions on the epistemic status of the axiom of constructibility. I then formulate and discuss a view of intuitiveness in set theory that assumes it to hinge basically on mathematical success. At the same time, I present accounts of (...) set theoretic axioms and theorems formulated in non-strictly mathematical terms, e.g., by appealing to the iterative concept of set and/or to overall methodological principles, like unify and maximize, and investigate the relation of the latter to success in mathematics. (shrink)

The authors of the article consider the main directions of the development of choral culture of the twentieth century in the context of domestic and regional socio-cultural processes through the prism of the legacy of the multifaceted creative personality of A. S. Anokhin, as well as through the analysis of the biography and creative path of the composer, based on his diaries and memoirs; presenting his views on the historical events of that time from the point of view of the (...) musician and a teacher. The figure of Afanasy Stepanovich Anokhin is one of the key figures in the musical education and enlightenment of the Altai Territory in the XX century, about his creative and educational activities. The novelty of the research lies in the reconstruction of the integral creative image of the composer in the context of the formation of musical culture in the Soviet period in the Altai Territory. In this work, for the first time, a complete list of the composer's published works is published. A. S. Anokhin's main compositional legacy is connected with mass songwriting, one of the most popular genres of the Soviet era. The article also examines the development of musical and choral culture in the Altai Territory from amateur groups to professional performance and the development of musical education throughout the twentieth century, as well as raises issues of preservation and reclamation of regional cultural heritage. (shrink)

The Russian people are struggling to learn how to create a democracy and a market economy. This paper reviews the results of reform efforts to date and what the Russian people are learning as indicated by changes in answers to public opinion surveys. As a way to continue the social learning process in Russia we suggest the widespread use of process improvement methods in organizations. This paper describes some Russian experiences in using process improvement methods and proposes a strategy for (...) spreading the use of these methods through universities and then through businesses and government agencies. As people use process improvement methods, they gain confidence in their ability to improve the functioning of organizations and society. (shrink)

In the paper the joint Logic of Proofs and Provability is presented that incorporates both the modality □ for provability 287–304) and the proof operator tF representing the proof predicate “t is a proof of F” . The obtained system naturally includes both the modal logic of provability GL and Artemov's Logic of Proofs . The presence of the modality □ requires two new operations on proofs that together with operations of allow to realize all the invariant operations on proofs (...) admitting description in the modal propositional language. Logic is proved to be decidable and complete with the intended provability semantics. (shrink)

This study uses a psychobiographic research method as a means to explore and describe the life of lyricist, Anthony Kiedis. Kiedis’s history is investigated through the lens of Erik Erikson’s theory of identity development. Using Interpretative Phenomenological Analysis as a means to platform the psychobiographic methodology, this study explores Kiedis’s creativity and writing as intrinsic aspects of his identity. In addition, the analysis attempts to understand how Kiedis resolved his identity crises, and puts forward a presentation of Kiedis’s subjective experiences (...) of his identity development. Through this in-depth analysis, the study concludes that Kiedis is engaged in an infinite moratorium, and in so doing demonstrates the value of using the combined methods of IPA and psychobiography to understand the human condition. (shrink)

Revisiting the generally accepted notion of psycho-physical parallelism in Spinoza, Chantal Jaquet offers a new analysis of the relation between body and mind. Looking at a range of Spinoza's texts, and using an original methodology, she analyses their unity in action through affects, actions and passions.

ABSTRACTIn the United States, constitutional and statutory law reinforce the right of all children to receive an education, regardless of their citizenship or immigration status. In a time of heightened anti-immigrant sentiment and law enforcement, however, partnerships among school districts, local law enforcement, and the U.S. Departments of Justice and Homeland Security subject undocumented and unaccompanied minor students to indefensible levels of risk for detention and deportation. We identify three stances that U.S. schools may take in the face of a (...) potential ‘school-to-deportation pipeline.’ Schools that engage in intentional collaboration actively increase detention and deportation by referring students to immigration officials for criminal, non-criminal, and even non-disciplinary activity. Schools that engage in predictable complicity may not intend to subject their undocumented and unaccompanied minor students to detention or deportation, but still put students at risk by involving police in school policies. We argue that U.S. schools should instead engage in proactive protection of immigrant students and families, including actively resisting federal policies when necessary. (shrink)

Introduction. In the structure of the population of Russia, the proportion of older people is increasing, but the duration of the economically active working life of this age category is less than in some European countries. Many elderly Russians having an active life position want and can work. Most of them have a high level of professional education and qualifications, experience, and yet many are not in demand on the labor market, because they do not have enough digital skills. The (...) purpose of this article is to study the situation with employing elderly citizens, identify factors that determine successful mastering information and digital technologies on the bases of the results of retraining and advanced training. Methods. The authors of the article analyze the regulatory legal acts of the Russian Federation and the Russian Federation’s constituent entities (national programs and projects), study the content of the government bodies’ websites, including public employment departments, educational organizations, statistical data are used to assess the state of senior citizens’ employment and education, the authors carry out an empirical study with a survey. Scientific novelty of the study. The authors identify factors that affect the elderly citizens’ employment in industries where digital technologies are actively introduced; point out the factors that positively impact successful elderly citizens’ education. It has been proved that in order to obtain a positive learning outcome, not only the legal and organizational conditions created by the state are required, but also the presence of an educational strategy among the elderly people themselves, an element of which is the development of information and digital technologies. The results of the study make it possible to realize the main problems that hinder employment and training, as well as to predict some trends regarding the position of older people in the new realities of the digital economy. (shrink)

Public comments criticizing the honesty and trustworthiness of Professionals in Finance (PIFs) are commonly seen as a way to motivate them towards engaging in more socially responsible business practices. However, the link between public views of this professional group, the self-views of individual group members, and their motivation to engage in Corporate Social Responsibility (CSR) activities has not been empirically examined. In this research, we draw on Social Identity Theory (SIT) and the Behavioral Regulation Model for social evaluation (BRM) to (...) examine how the self-views of individual group members relate to perceived characteristics of their professional group, indicating Competence and Morality. In two studies (N = 123, 191) we examined whether the self-views of high-profile and general PIFs are affected by other people's perceptions of the honesty and trustworthiness of this professional group. The results offer support for our reasoning derived from SIT and the BRM. In both studies, we first demonstrate that public concerns about the group's lack of honesty and trustworthiness impact on the moral self-views of financial professionals. Subsequently, we employ an experimental design to reveal that reinforcing moral criticism leveled at the group only reduces the motivation of individual group members to engage in CSR activities, while group-level moral affirmation enhances this motivation. The results of both studies converge to demonstrate how public critique on the moral behavior of their professional group relates to the self-views and behavioral motives of PIFs. We consider the theoretical and practical implications of these findings. (shrink)

Les recueils de Vies de femmes illustres, genre littéraire à succès à la Renaissance, utilisent l’exemplarité à des fins didactiques tout autant que polémiques. L’étude de la figure particulière de Didon permet d’envisager les enjeux et modalités de la construction de l’exemplarité féminine. Entre l’amoureuse éplorée de Virgile et l’intransigeante uniuira de Justin, la balance n’est pas égale. Seule Christine de Pizan entreprend de louer l’héroïne virgilienne, tandis que Champier mélange les sources pour en faire une digne épouse. De nombreux (...) auteurs dont Boccace, retiennent l’exemple de cellequi se sacrifia pour garder sa chasteté et sauver sa cité, indiquant par là les cadres fixés à l’héroïsme au féminin. (shrink)

Atendiendo al título de esta mesa, deseo centrar mi presentación sobre el estado de la cuestión en algunas reflexiones hechas desde la filosofía sobre el pluralismo en la política y, más concretamente, sobre el pluralismo en el espacio o esfera de lo público político. Para ello, asumiré, aquí, varias cuestiones: en primer lugar, asumiré que en las sociedades contemporáneas (de una modernidad tardía o postmodernidad) tiene sentido seguir hablando de esferas diferentes y, concretamente, de la esfera pública como una esfera (...) distinta a la esfera privada; en segundo lugar, asumiré lo público político como el espacio en el que tienen lugar los asuntos comunes, aquellos que nos interesan como comunidad política, y respecto de los cuales conversamos, deliberamos, decidimos y actuamos en nuestra condición de agentes o actores políticos; y, en tercer lugar, asumiré también el espacio de lo público político como un espacio de aprendizajes distintos, entre ellos, aprendizajes morales, aprendizajes éticos y aprendizajes de virtudes políticas. [Fragmento]. (shrink)

Conflicts regarding family and workplace obligations often lead to frustration, dissatisfaction and lower levels of happiness. Taking into account the current low fertility rates in many European countries, the subjective well-being of women seems to be a crucial factor in population growth strategy. The rather low reproduction level underlies the analysis of women’s subjective well-being in respect to their employment and maternity status in Europe. How much do the European countries differ in terms of females’ subjective well-being? Does employment protection (...) legislation explain these differences through mothers’ employment patterns? This paper shows a significant negative association between the subjective well-being of women aged 17–54 and the rigidity of labor protection regulations. The conclusion stems from a multilevel model based on the European Value Study of 2008. The results showed that the subjective well-being of working mothers is higher in countries with liberal labor legislation while it is significantly lower in countries with strict employment protection legislation. (shrink)

Above mentioned article was funded by a grant from the Russian Science Foundation (RSF).

The two-fold image as Dostoevsky’s creative principle has been repeatedly observed and described from different perspectives in accordance with different research tasks. In this article, attention will be focused on the description of the two-fold image, its structure and functions, by Dostoevsky himself within the framework of his reflection on his creative method, as part of what can be called his own theory of creativity. In 1876, Dostoevsky describes the structure of a two-fold image from three different angles on three (...) occasions over a short period of time: from the point of view of the structure as such; from the point of view of its manifestation and revelation in a work of fiction; from the point of view of its application as a working construct in a particular case for a particular person. Dostoevsky understands the two-fold image as a profound insight about the world and man, a fundamental philosophy of personality that provides the reader with clues to a personal transformation. At the same time, he always speaks about the second component of the image absolutely transparently to himself—but covertly to the reader, assuming that it is the enigmatic nature of its deep core that compels the reader to look at and listen to the implicit concept, making the image a working, transforming tool. (shrink)

The paper highlights the key perspectives on mysticism typical for Soviet and Post-Soviet religious studies. Recognizing the vagueness of the ”mystical’, Soviet scholars interpreted it as a belief in ”communication’ with ”supernatural powers’. Furthermore, ”mysticism’ was thought of as a multicomponent entity composed of mystical experiences, mystical beliefs, and ”mysticism’ as a ”false ideology’. Such an understanding resulted from their epistemological settings, i.e. the reflection theory of dialectical materialism. In this light, mystical experiences and beliefs were distorted ”reflections’ of objective (...) reality in the human mind caused by factors both of an individual and a social nature. This understanding still defines the academic interpretations of the ”mystical’ in Russia today. (shrink)

Este artículo explora la problemática del cuerpo desde una perspectiva de género. Primero, se estudia la evasión filosófica del cuerpo, así como su inadvertida asimilación a lo femenino. Segundo, se examina la negación capitalista del cuerpo y la posibilidad de entender la diferenciación entre las lógicas de explotación y de expropiación a través de una previa diferenciación entre cuerpos. Se propone finalmente hacer un análisis de la exclusión general del cuerpo como una exclusión particular de lo femenino y de lo (...) popular y se sugiere que el advenimiento de los cuerpos promulgado desde el movimiento feminista, especialmente en su vertiente latinoamericana, traen consigo un potencial democrático y emancipador. (shrink)

In the treatise “Suprematism. The World as Objectlessness or Eternal Peace” (1922), Kazimir Malevich positions himself as a “bookless philosopher” who did not consider theories of other philosophers. In fact, the treatise contains a large number of references to philosophers belonging to different traditions. A careful reading shows the extent to which Malevich’s theory is linked to the Russian religious philosophy of the early twentieth century. In my view, Nikolai Berdyaev, Sergei Bulgakov, Pavel Florensky—philosophers of “Religious Renaissance,” as well as (...) some other intellectuals—acquaint avant-gardists with Neoplatonic conceptions of apophasis. Malevich had access to ideas of fourteenth-century theologian Meister Eckhart, and I will refer to two sources to demonstrate this, including Margarita Sabashnikova’s translation of Eckhart and works of Sergei Bulgakov. Without any reference, Malevich retells the concepts of Dionysius the Areopagite, Meister Eckhart, and Gregory Palamas. I will demonstrate parallels between the treatise on Suprematism and Meister Eckhart’s Sermons concerning the concepts of apophaticism, Platonism, and Nothingness. I will also touch on the theme of Divine Light in the theology of Palamas (fourteenth century) to show the diversity of the avant-garde’s sources of inspiration. (shrink)

Introduction. The condition of fixed assets and their rational management largely determine the competitiveness of an enterprise. Updating the production base is possible both at the expense of their own funds and at the expense of borrowed funds. When choosing sources of financing for renovating fixed assets, it is important to assess the impact of the chosen acquisition method on cash flows and the financial result of an enterprise. The purpose of the article is to assess the impact of the (...) chosen method of financing the acquisition of fixed assets on the company’s financial results and cash flow. Methods. Comparison, induction, analysis, synthesis, direct counting, the author’s methodology for assessing the impact of the source of renovation on the financial result of the enterprise and cash flow. Scientific novelty of the research. The authors propose an additional criterion for assessing the efficiency of managing fixed assets of an enterprise: choosing the most optimal method of acquisition, based on assessing its impact on the financial results of activities, and they also proposed to supplement the options for renovating the main environments using leases, since, depending on the economic situation, this option may have financial advantages over credit, loan and leasing. Results. The authors predict the influence of the method of financing the acquisition of fixed assets (credit, leasing, rent, own funds) on the financial result of an enterprise and cash flows; develop the general approaches to the method of choosing the optimal source of financing for the renovation of fixed assets. Conclusions. The acquisition of ownership of fixed-capital assets is not always advisable. The article shows that not only credit or leasing operations, but also rent are comparable in efficiency. When choosing a source of financing for renovating fixed assets, it is necessary to compare the costs of acquiring property and their distribution by periods, to analyze the impact of the method of acquiring them on the financial result of the enterprise and cash flow. (shrink)

In his De ortu et obitu Patrum, Isidore of Seville elaborates a collection of stories that engage the reader in living the experiences of the characters presented and encourage him to identify with them and imitate them. Following the ways of the biblical heroes, the Sevillian comes to know the One who has called all of them into existence as beings created for coexistence and pro-existence, i.e. to live with and for others. Isidore does not write a history of sinners, (...) but of saints, who become friends of God by building a community with other humans and filling the world with his praise. According to him, both his heroes and his readers are relational beings, open to God and to other creatures, in need of them to achieve their fullness. (shrink)

Analyzing ancient cosmopolitanism we can identify the various groups of interests behind contemporary globalization models. There are three directions in contemporary cosmopolitanism: egalitarian, libertarian, and mondialistic. Each of them is associated with a certain ancient school – the Cynics, Cyrenaics, Stoics. Each of these three lines has a definite social basis both in Antiquity and in the Age of Globalization. Cosmopolitanism is considered as a universal in time and space philosophical doctrine and ideological principia. Looking at cosmopolitanism through global-historical perspective, (...) we can see its unchanged, permanent essence, which does not depend on concrete conditions. This article looks at ancient cosmopolitanism as a folded programme of globalization. Using the global-historical approach and the method of historical analogues the author reveals social and philosophical roots of contemporary cosmopolitanism in Antiquity. Some parallels between Hellenistic ethics and Confucian cosmopolitanism are drawn. The directions of ancient cosmopolitanism are compared to those of present. (shrink)

The article explores court forms as an interactive genre essential for legal-lay communication in civil and family proceedings: court forms elicit key information from predominantly lay users for the purposes of court administration and the judiciary. The information presented in court forms defines the agenda and communicative focus of the subsequent hearings and settlement negotiations, and in some instances even the path the proceedings would take. It is thus important to consider court forms in terms of their comprehensibility as well (...) as functionality for eliciting legally coherent narratives and facilitating efficient engagement of lay participants with the proceedings. The case study presented in the article draws on the combination of corpus linguistics and discourse analysis to explore two versions of the court form most frequently used by self-represented parties in England and Wales, ‘Form C100: Apply for a court order to make arrangements for a child or resolve a dispute about their upbringing’. The comparison of the paper form and its redesigned online version identifies the improvements made as part of the digitisation process but also indicates communicative challenges which can prevent the lay person from presenting the relevant information. The discussion provides an opportunity to reflect on the role of language in online courts. (shrink)

The present study explores discursive constructions of us- and them-groups within the context of the debates on the placement of the US anti-ballistic missile defence system in Central and Eastern Europe. The study is based on the data collected by the authors in the Polish and Russian press. Using the framework that is informed by Critical Discourse Analysis and Membership Categorization Analysis, the authors define strategies and specific linguistic means used to represent ‘us’ and ‘them’ and provide a picture of (...) chronological transformations that these representations undergo in the investigated newspapers. (shrink)

Mistaken payment is the ‘core case’ of unjust enrichment, and it has had a powerful effect on the development of this area of private law. For Peter Birks, unjust enrichment was simply ‘the law of all events materially identical to mistaken payment’—to be shaped through a process of abstraction from that core case. But this begs the question: how do we work out what counts as ‘materially identical’ to mistaken payment? The most obvious starting point, and that which Birks chose, (...) is the central characteristic of money: money is valuable. Thus, ‘the law of all events materially identical to mistaken payments’ is ‘the law of all events that unjustly enrich one party at another’s expense’.In this article, I argue that this starting point is incorrect. Rather than looking for some factual similarity between mistaken payment and other events, we should identify the role that money plays in justifying restitution. And what justifies restitution in the core case is not the ‘value’ or ‘benefit’ that money confers; rather, it is a defect in the legal transaction that links payor with payee. The payee is not liable because she has been ‘enriched’, but because she is the counterparty to a legal transaction which exhibits traits that there are institutional reasons to disavow. Just like contract and torts, the role of value is secondary: where correcting the injustice in specie is impossible or undesirable, the defendant must pay whichever sum will most nearly achieve that goal. (shrink)

The article is devoted to the communicative competence of a doctor as a component of professional ethics. Knowledge of norms of the modern Russian literary language, compliance with these standards in the oral and written speech of a medical worker helps to establish contact between doctor and a patient. To identify the level of knowledge of Russian language norms, readiness for professional speech a scientific research was made, during which the most typical mistakes were revealed:orthoepic, morphological, lexical, stylistic. Following the (...) norms of the language and ethics of communication contributes to the achievement of the main aim of a medical activity – recovering of a patient. (shrink)

As part of the response to the COVID-19 pandemic, many jurisdictions across the world introduced remote hearings as an alternative way of continuing to offer access to courts. This practice-based article discusses the report prepared by the author for a judicial review case which revolved around the claim that in immigration settings the quality of interpreting conducted in fully online hearings is inferior to interpreting in face-to-face hearings. In the absence of pre-existing research comparing the impact of the physical and (...) fully online settings on interpreting, the author’s expert witness report explored linguistic principles governing conversation and turn-taking management, power relations and narrativisation and discursive practices in online and physical settings to illustrate communicative advantages and disadvantages of each environment. The article draws on the investigations conducted for the expert witness report and pursues the following aims: (1) reflect on the role of linguistic expertise required for the case; (2) detail the conclusions drawn and recommendations endorsed in the report; (3) discuss the importance of effective communication in immigration settings; (4) challenge common misconceptions in relation to how narratives are elicited, shared and perceived; (5) explore safeguarding strategies for enhancing discursive practices in fully remote hearings in order to improve non-native speakers’ access to justice. (shrink)

Reflete-se aqui sobre o papel da Universidade na atual sociedade capitalista. Elateria a capacidade de difundir a concepção de mundo das classes trabalhadoras, contribuindo para a construção de uma outra sociedade, ou ela seria mais um instrumento de reprodução das sociedades capitalistas Existe um conflito contínuo entre essas duas propostas, que se tenta apresentar com base na discussão gramsciana sobre seus conceitos fundamentais, buscando-se compreender a realidade brasileira atual neste contexto. Procura-se também abordar o debate sobre a Universidade no Brasil, (...) analisando-se em que medida seria possível uma atuação transformadora da realidade social por parte desta instituição.This article presents a reflection on the University in a capitalist society. It would have the capacity to spread out the conception of world of the diligent classrooms, contributing for the construction of one another society, or it would be an instrument of reproduction of the capitalist society? There’s a conflict between these two distinct proposals, and I try to present this movement by using the Gramsci’s concepts, understanding the current Brazilian reality in this context. I also try to present the current debate on the University in Brazil, trying to understand if it’s possible to the University to transform the social reality. (shrink)