Results for "coherence"

Filters

Flashcards

Coherence informal
Updated 54d ago
flashcards Flashcards (7)
EU PRIVATE LAW W1 Reading Notes “Martijn W. Hesselink: setting the scene” First definition: Private law is the law applicable to private (or horizontal) relationships Second definition: Relating only to private interests, as opposed to public interests >> sometimes inspired by a concern to keep private law ‘pure’ in this specific and controversial sense of being concerned only with private interests and preventing the infiltration of public concerns into disputes governed by private law Increasing Europeanisation (1980s) effect on private law - Most directives in the field of private law, including the entire body of EU consumer law, have had Art 114 TFEU (or its predecessors) as their legal basis - Regulations, that bring uniform EU law, are less frequent in the field of private law, but there exist some prominent instances, eg in EU financial law - Fundamental rights have had an increasingly important impact on private law relationships already governed, directly or indirectly, by EU law - The Court of Justice of the EU has played a prominent, sometimes plainly activist, role, especially with regard to consumer protection and to fundamental rights • Preliminary rulings Inequality: - Positive and normative questions • Positive: How much inequality is there? What types of inequality are there? • Normative: how much equality ought there to be, or, put differently, how much inequality is acceptable? - Equality of what? • Income - policies aiming at reducing inequality (or wealth) of income include income tax (plus capital tax and inheritance tax) and various social security measures (eg unemployment benefits, a universal basic income) • Needs - Theory 1: everyone is entitled at least to the satisfaction of their needs (basic needs). - Theory 2: people are equally entitled to just as much as each of them needs, nothing more • Opportunity - Prominent instruments for reducing inequality of opportunity are measures (including quotas) aiming to improve equal access to school, to healthcare and (other) essential services, or to high-ranking positions • Power Interpersonal (or relational) inequality and injustice occurs when, in a relationship between two or more persons, one is in a better position than the other(s) in terms, for example, of bargaining power, negotiation skills, expertise, experience, independence, cognitive biases, or luck Who should breach inequality? What of the recipients? EU citizens? Formal equality is usually considered a basic or minimum requirement of justice and rationality — Formal equality then simply means that people are treated equally already when all individuals are treated the same way, whatever their specific characteristics or situations >> however: frequently regarded as insufficient Substantive Inequality: new doctrines such as unconscionability, economic duress, abuse of circumstances or unfair exploitation, and, especially, the sets of rules aiming at the protection of certain categories of weaker or vulnerable parties, such as workers, tenants, consumers, and the rules against the discrimination on grounds of gender, ethnic background or religion Course Objective: Identifying the EU’s private law as an agent of inequality and equality in Europe Reading 2: Laura Burgers, Marija Bartl, and Chantal Mak, “Introduction: The Evolving Concept of Private Law in Europe”, Handbook: Uncovering European Private Law (2022) Public/private divide >> privatisation of public function Private autonomy as general principle of private law — Substantive side: (eg. freedom of contract) - promotion of material or substantive equality. This can be called the ‘social’ or ‘societal’ dimension of private law. >> To the extent that the promotion is taken up by the judiciary, this is often called the ‘materialisation’ of private law - Constitutionalisation of private law (second half of 20th century) Procedural side: one of the parties decides what part of their conflict they want to take to court, and whether they want to do that at all. - Party autonomy: This means that parties who enter into a contract, are free to negotiate what law applies to their contract and to which court or arbiter they will resort in case of conflict. Private Law-makers in EU - We understand private law as law made by public authorities, i.e. legislatures and judiciaries - Rules made by private parties - fall within the sphere of freedom of contract or self-regulation - ‘Civil law’ is frequently used a synonym of ‘private law’. Civil procedural law is typically laid down in codes of civil procedure. It refers to procedural rules in private legal disputes and contains rules on, for example: evidence, possibilities for appeals and enforcement of judgments. What is EU private Law? — EU law impacting private legal relations, i.e. law emanating from the EU level, or ‘EU private law’ >> For over two decades, from 1989 onwards, attempts were made to draft a civil code for the European Union. However, no consensus could be reached, which in turn exposed how legal- politically salient issues of private law are, and what importance civil codes have for national identities >> Idea that EU law threatens the coherence, essence or autonomy of national private laws Lochner Case: >> Lochner allowed an employee to work more then 60 hours in a week >> ‘violates bakeshop Act’ >> Lochner claims it should have been interpreted to contain the freedom to contract among the rights encompassed by substantive due process - Does the Bakeshop Act violate the liberty protected by the Due Process Clause of the Fourteenth Amendment? 5-4 Majoritarian decision: The New York law violated "liberty of contract" protected by the Due Process Clause of the Fourteenth Amendment - The statute interfered with the freedom of contract, and thus the Fourteenth Amendment's right to liberty afforded to employer and employee - New York law failed the rational basis test for determining whether government action is constitutional - The Bakeshop Act had no rational basis because long working hours did not dramatically undermine the health of employees, and baking is not particularly dangerous
Updated 81d ago
flashcards Flashcards (21)
Communicative Competence, Barriers Of Communication And Strategies To Avoid Communication Breakdown Communicative Competence Communicative Competence Refers To Both The Tacit Knowledge Of A Language And The Ability To Use It Effectively. It Is Understanding And Using Language Effectively In Authentic Social And School Environments. Canale And Swain'S Model Of Communicative Competence Michael Canale And Merrill Swain Identified These Four Components Of Communicative Competence: Grammatical Competence Includes Knowledge Of Phonology, Orthography, Vocabulary, Word Formation, And Sentence Formation. Sociolinguistic Competence - Includes Knowledge Of Sociocultural Rules Of Use. It Is Concerned With The Learners' Ability To Handle For Example Settings, Topics And Communicative Functions In Different Sociolinguistic Contexts. Discourse Competence - The Learners' Mastery Of Understanding And Producing Texts In The Modes Of Listening, Speaking, Reading And Writing. It Deals With Cohesion And Coherence In Different Types Of Texts. Strategic Competence Refers To Compensatory Strategies In Case Of Grammatical Or Sociolinguistic Or Discourse Difficulties, Such As The Use Of Reference Sources, Grammatical And Lexical Paraphrase, Requests For Repetition, Clarification, Slower Speech, Or Problems In Addressingstrangers When Unsure Of Their Social Status Or In Finding The Right Cohesion Devices. What Is Communication Barrier? Gaps In Communication Any Factors That Prevent Us From Effectively Exchanging And Understanding Messages. Example: Use Of Jargons, Emotional Barriers And Taboos, Lack Of Attention And/Or Interest, Distractions, Or Irrelevance To The Receiver, Differences In Perception And Viewpoint, Physical Disabilities Like Hearing Or Speech Defects, Physical Barriers To Non-Verbal Communication, Language Differences, Cultural Differences, Etc. Types Of Barrier Language Barrier Psychological Barrier Physiological Physical Systematic Attitudinal Language Barrier The Difference In Language And Linguistic Ability That Act As Barriers In Communication. However, Even When Communicating In The Same Language, The Terminology Used In A Message May Act As A Barrier If It Is Not Fully Understood By The Receiver. Physical Barrier It Refers To Any Physical Limitation That Can Interfere With The Communication Process. Example: The Geographic Distance Between The Sender And Receiver. This Can Also Involve Both Verbal And Non-Verbal Communication As You Don’T Hear Exactly What The Other Person Is Saying. Examples: Noise, Poor Lighting, Distance Between Speakers, And Physical Obstructions Between Speakers. Psychological Barrier The Psychological State Of A Person Will Influence How The Message Is Sent, Received, And Perceived. It Prevents People From Fully Expressing Their Emotions Or Feelings To One Another. Example: If Someone Is Stressed, He/She Might Be Very Impatient Which Could Affect How He Sends And Receives Messages And It Could Result To Misunderstanding. Physiological Barriers Physiological Barriers May Result From The Receiver’S Physical State. For Example, A Receiver With Reduced Hearing May Not Grasp A Spoken Conversation Especially If There Is Significant Background Noise. Systematic/Systemic Barriers It May Exist In Structures And Organizations Where There Are Inefficient Or Inappropriate Information Systems And Communication Channels, Or Where There Is A Lack Of Understanding Of The Roles And Responsibilities For Communication Attitudinal Barriers It May Result From Personality Conflicts, Poor Management, Resistance To Change, Or Lack Of Motivation. Effective Receivers Of Messages Should Attempt To Overcome Their Own Attitudinal Barriers To Facilitate Effective Communication. Strategies To Avoid Communication Breakdown Apply Positive Self-Talk And Perception. Use Appropriate Language. Be Open. Suspend Your Own Judgment, Ideas, And Beliefs. Give And Accept Feedback. The 7 C’S Of Effective Communication Clear Complete Concise Concrete Considerate Correct Courteous Communicative Competence Is The Implicit Knowledge Of Language And The Ability To Use It Effectively. Sometimes, There Are Barriers In Communication That Could Lead To Communication Breakdown. Some Of These Are Language Barriers, Psychological, Physiological, Physical, Systemic, And Attitudinal Barriers. When We Experience One Of These Barriers, We Must Remember The Strategies To Avoid Communication Breakdown. We Must Be Positive, Use Appropriate Language, Be Open And Suspend Our Judgment And Lastly, Give And Accept Feedback. We Could Also Use The 7 C’S Of Communication Which Is An Effective Tool In Communication. It Includes Clarity, Completeness, Conciseness, Concreteness, Consideration, Correctness And Courtesy. If We Can Follow These, We Can Effectively Communicate Our Thoughts And Ideas For A Better Connection
Updated 223d ago
flashcards Flashcards (25)
0.00
studied byStudied by 0 people