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EN
Since the publication of a text by Marcel Mauss titled 'The Gift', in 1924, the question of the gift exchange has earned its place in the repertoire of anthropology and other human and social sciences. The paper briefly dscusses what possible benefits for cultural studies can stem from taking up that issue. The authores argues that the discussion on the gift is polyphonic and immense, therefore different concepts of cultural studies (especially the value-oriented and the interdisciplinary-oriented) may find different aspects of the gift's characteristic interesting. Subsequently, she turns her attention to one of voices in the discussion. Maurice Godelier is a contemporary French anthropologist whose book 'The Enigma of the Gift' offers a detailed analysis of the above mentioned essay of Marcel Mauss and develops an original view on reasons why are certain things inalienable. His point of departure is Mauss' claim that gifts are reciprocated because of the spiritual mechanism which ties things to their owners. Godelier also notes that Mauss does not pay enough attention to offerings, included the category of gifts (gifts to gods), neither to relations between people, gods and the rights of ownership. According to Godelier, this leads to omitting the solution of the fundamental question posed by Mauss and underlined by many anthropologists - the question of inalienability - expressed by Anette Weiner's formula 'keeping-while-giving' and reformulated in the Godelier's 'keeping-for-giving' (as things must circulate for the society to exist, but while some of them can be possessed by their receivers in the cycle of exchange, they cannot become their ownership). In the opinion of Godelier, religion is the key to this problem. Man's relations to gods, superhuman beings and forces, relations of infinite debt and gratitude, is here understood in a somewhat durkheimian and marxist way - as a projection of human's aspects on the surrounding world, as a work of repressing man's active presence at his own origin. It does not suffice to say (as Durkheim did), that the society is the source of the sacred, but also that the social 'becomes' sacred for social reasons, that it needs opacity to produce and reproduce itself. After presenting Godelier's stance, the authoress also draws attention to his ethical motivations and the argumentation concerning the place of gift giving in the contemporary capitalist world. She wonders if his declaration and critic is coherent with formerly expressed view that gifts exchanges can be a mean of violence and domination. Pierre Bourdieu's ideas on the logic of practice are then presented as a convincing solution of the ambivalence of the gift. In conclusion, the authoress points out that practical and ethical dimensions are also those features of the gift, which make it an attractive issue for cultural studies.
EN
The shrift towards the private ownership in the forestry recourses in the transition countries of the Central and Eastern Europe promotes the forest values and their development in the diversified ways. In this paper, we provide a general equilibrium model assisting in estimation of the forest management practices on the regional level by comparing the different ownership structures and the public policy measures. The model is applied for the county of Banska Bystrica in Slovakia. The results provide an integrated tool identifying possibilities to address strategic development at the regional level that relates to the improvement of local well-being and sustainability applicable in the other regions with the diversified forest ownership structure.
EN
The right to housing is derived from one of the most basic and natural human needs - the need to live someplace. However, its content is not only the ‚right to live‘, but is complemented by a complex of other interrelated and interdependent social and human rights, including, for example, the right to access to safe drinking water and sanitation, the right to access to resources, including the energy for cooking, heating and lighting, the right to privacy, the right to security, including security of tenure, and many others. Given its strong social dimension and its broad human rights dimension, it is therefore understandably the subject of attention in a number of major legal documents of international importance, which refer to fundamental human rights, social progress and better living conditions. Within the Slovak Republic, the right to housing is considered to be a social right with a special character, since it is not understood as an individual right claimable against society, but as a right based on the co-responsibility of society towards the citizen. Several provisions of public and private law serve to protect it. In private law, cases in which housing is provided in a dwelling that is not owned by the occupant, i.e. where the occupant lives in someone else‘s dwelling, are more sensitive. The extent to which such housing is protected is constantly debated and there is probably no ‚one right answer‘. When looking for a way to optimise the mutual rights and obligations of the landlord and tenant, it is advisable to look for inspiration (also) in foreign legislation which, on the one hand, takes into account the strong social charge of rental housing and the need to ‚protect the weaker‘, i.e. the tenant, but at the same time respects and mirrors the natural boundaries of traditional private law institutions - property rights and tenancy rights - in their legal and true essence.
EN
The article examines the dialectic process of vertical integration based on the analysis of its dual nature, based on the methodology of separation of legal and economic aspects of ownership.
Filozofia (Philosophy)
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2011
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vol. 66
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issue 5
491-496
EN
The aim of the contribution is to consider the possibility of perceiving the human body as one's ownership, based on moral assumptions. The latter are used as the main argument for accepting the ownership of human body. The focus is on libertarian view on the self-ownership rights from which the ownership rights over one's body are derived. A critical examination of particular ownership rights over one's body is given as well.
EN
The problem of distributive justice has been widely discussed by Western and Chinese students of Marxism. This interest results from the historical transformation of the Soviet Union and Eastern Europe at the end of the 1980s, and also from the crucial transition in China beginning in the late 1970s. Taking the basic principle of distributive justice as a reward according to the effort this paper discusses the differences between liberal thinkers (John Rawls and Robert Nozick) and Karl Marx. It deals with the concept of 'private property', or even 'private ownership'. Marx sees that the principle has been betrayed under the condition of private ownership: capitalist exploits workers and he hides this with the replacement of private ownership by public ownership; at last the principle of justice is replaced by the principle called beyond justice. Nozick sees the private ownership as the natural result of the principle (he regards it as self-ownership), Rawls shares the position with Nozick, but improve it with 'justice as fairness' which combines the principle of justice with the principle called beyond justice. Both Nozick and Rawls do not suspect that the principle itself would be betrayed under the condition of private ownership.
EN
It is argued in the article that the peaceful transition to capitalism in communist countries was not possible without the co-action of the nomenklatura, whose interest was to transform their informal access to state-owned capital into an authentic 'grand entrepreneurship'. The necessary acquisition of physical capital was achieved by means of mass privatisation schemes in which the nomenklatura took advantage of their social capital and information asymmetries. In the Czech case, there were three social groups competing for a position among the new entrepreneurial elite. The initially large gains of the nomenklatura gradually eroded when new businesses opened to domestic and international competition, where competitiveness depended on endowments of human (entrepreneurial) and economic capital. In the subsequent wave of ownership restructuring, initiated after 1994, the former nomenklatura was partially squeezed out of the tradable sector, which was occupied by better skilled foreign and domestic entrepreneurs. The exiting entrepreneurs converted their holdings into consumer goods, or defected to sectors less open to competition, where the alignment of social capital and bureaucracy persisted. Their position depends now on the pending reforms of public administration and the search for a more efficient social model.
EN
The paper deals with the libertarian conception of evictionism, as formulated by Walter Block, and its latest critique by Kerry Baldwin. They base their views on the value of private property, which includes body ownership, and both are opposed to current abortion practices. However, they differ in the question of the admissibility of the fatal „eviction“ of the fetus from the mother‘s body. In the paper the author critically analyses their arguments and concludes that, from the perspective of Rothbardian libertarianism, Block’s conception is basically more persuasive, but only if it is slightly modified.
EN
To model, from its inception, inter-enterprise network formation and its interaction with foreign investment across an entire epoch of rapid and profound economic transformation, the authors gathered data on the complete ownership histories of 1,696 of the largest Hungarian enterprises from 1987 to 2001. They developed a social sequence analysis to identify distinctive pathways whereby firms use network resources to buffer uncertainty, hide or restructure assets, or gain knowledge and legitimacy. During this period, networked property grew, stabilized, and involved a growing proportion of foreign capital. Cohesive networks of recombinant property were robust, and in fact integrated foreign investment. Although multinationals, through their subsidiaries, dissolved ties in joint venture arrangements, the authors found evidence that they also built durable networks. The findings suggest that developing economies do not necessarily face a forced choice between networks of global reach and those of local embeddedness.
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2022
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vol. 70
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issue 3
385–402
EN
The paper based on the analysis of municipal law in the town of Žilina is concerned with legal relation of plots of land and the things attached to them. The town code of Žilina was an expression of the Magdeburg law and it reached Žilina through the influence of the town of Krupina. The tavernical law is also analysed, as well as some other Hungarian sources related to municipal law (especially the Opus Tripartitum). The analysis of these sources suggests that in spite of the absence of the superficies solo cedit principle as a visible rule, all disputable things related to the connection of a plot of land and a movable property or a construction are consequently solved by the unity of the property of such a plot of land and a thing connected to it. Such a solution can also be found especially in cases like constructions or other objects on a rented plot of land, but also in some other cases, like a flight of a hive to another plot of land. Conclusions formulated in this study are collected mostly from the area of the Žilina law or the tavernical law, but in contrast, such solutions are not to be found in the Bratislava law or in other towns. This fact is probably caused by the lower urbanization level of Žilina in contrast with Bratislava and in the density of constructions of these areas. By higher density of construction we can presume the lower level of constructing on such rented plots of land. If we can find such examples from the town code of Žilina, it is possible to generalize this for other towns, too.
EN
The increasing importance of corporate governance is a global trend due to the crisis events and obvious corporate needs’ of external financing. The paper explores the problems of the corporate governance system in Ukraine, which could act as the barriers for the investments, and potential ways to overcome them. The most important characteristics of corporate governance for the investors’ decision-making are discussed. The paper also analyses the compliance of the Ukrainian practices of corporate governance mechanisms with the global ones, which increase investors’ confidence and desire to pay a premium for the better-governed companies. The importance of a proper Ukrainian corporate governance system as the key aspect for the potential investors’ decisions is explained.
EN
The author gives an interpretation of mutatio ipso iure, i.e. endurance of proprietary right (usucapio). Subject to the fulfilment of conditions of endurance, tenure (possessio) will be transformed into the ownership (dominium). It is a transformation ipso iure resulting from the objective right, without human intervention. Therefore the author regards endurance as a kind of, (necessary change). The legal basis of mutatio is the will of the legislator to tolerate the transformation of tenure to ownership and it concerns each legal order, which has officially introduced the institute of endurance. The transformation of tenure to ownership eliminates the chaos in ownership relations and represents the effort at a successful legal expression.
EN
Social abilities are real entities, which are usually called resources in sociological literature. In the author's interpretation, the entities expressed in the concepts of social power and social capital are made up of social abilities. However, in the present paper he only deals with the concept of social ability and the types of social abilities; but he does not make an attempt at determining the concepts of social power and social capital based on the concept of social ability. The author first typifies acting abilities and determines the concept of social ability as a special type of acting ability. Then he makes a distinction between pure-institutional and personal social abilities, as well as social qualifications and exclusive information within social abilities. Analysing these types he points out the nature of social abilities. The present paper is published in two parts. In the first part the author analyses pure-institutional social abilities, and in the second part he deals with personal social abilities, social qualifications and exclusive information.
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