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Economic shocks create insolvency law-making space, generating opportunities for legal reform that may be absent in good times. Policymakers may suddenly acquire a mandate to resource institutions or drive through a change in the law where in good times such reforms were likely to be foiled by interest group capture, or simply unlikely to get sufficient political traction. A crisis, then, is an opportunity for the well-prepared insolvency policymaker. Insolvency rule-making in crisis conditions is, however, plainly also risky. Making best use of the opportunity implies making more than temporary changes to the regime. But design choices made mid-crisis will almost inevitably be influenced by the features of the crisis itself, generating a risk that the result of the reform effort wi... |
The article discusses the link between freedom, crime and punishment. According to some theorists, crime does not only cause a person to have less freedom; it constitutes, in and of itself, a breach of the freedom of others. Punishment does not only cause people to have more freedom, for instance by preventing crimes; it constitutes, in and of itself, respect for mutual freedom. If the latter claims are true, crime and punishment must have certain meanings that make them denials/affirmations of freedom irrespective of their consequences. My aim is to show that such an immanent connection between crime/punishment and freedom exists. I do so by explicating the “natural meaning” of crime and punishment. This way of addressing the topic is inspired by Jean Hampton’s use of H. P. Grice’s... |
Epicurus holds, in Key Doctrine 31, that what is just according to nature is a súmbolon or sign of the interest there is in neither harming one another nor being harmed. Certain readings of this maxim equivocate this legal sign with other signs found in nature, thereby failing to give sufficient weight to the role of reciprocity in its production. Other readings simply import a legal sense from outside of Epicurean doctrine, thereby failing to explain what makes Epicurean súmbola legal. A final set of readings attempt to find a legal rule as a kind of innate concept or Kantian ‘scheme’. This article identifies new sources for understanding súmbolon, drawn principally but not exclusively from Aristotle’s Eudemian Ethics. This article offers an original argument that Epicurus adopts A... |
Work in the engine department is currently demanding more monitoring task. However, the current alarm systems that support operators during troubleshooting are deficient. In many cases, operators reach the engine control room (ECR) only to find a false alarm. This problem is likely to aggravate in the future as operators work in smaller numbers or even alone; therefore, task prioritization should be considered in a given context. Therefore, this study examines the application of head-worn displays in engine resources management to improve situational awareness (SA), trust in automation, and workload. A human-subject experiment was conducted using an engine plant simulator. |
The author briefly comments on various measures undertaken in order to mitigate the effects of the extraordinary situation in connection with the pandemic of SARS-CoV-2 and seeks to put them into the context of the available data. In this connection, the paper mainly focuses on corporate insolvency filings, extraordinary moratoria and suspension of loan repayments. The author also briefly describes the future outlook. |
Assessment in maritime simulator-based education has traditionally been informal and subjective based on instructor experience. Recent research suggests that a more objective and formal approach could be beneficial. Formative assessment has attracted significant attention from higher education institutions. Thus, this study aimed to examine the current practice of formative assessment in maritime simulator-based education, with a special emphasis on simulator instructors’ teaching methods. A qualitative approach with observations and interviews was used in the study since it could provide deep insights into educators’ motivations and understandings of how to meet the educational needs of their students. The findings inform the formative assessment strategies may explicitly enhance m... |
In the course of the Covid-19 global pandemic, corporate restructuring laws worldwide underwent a stress test as the financial health of companies significantly deteriorated. In response to public demand, legislators in the Czech Republic adopted various bail-out programmes and bail-in measures in order to provide debtors who ran into temporary problems in connection with the Covid-19 pandemic with additional protection against individual creditors to help solve their financial troubles. This paper outlines the various bail-in and bail-out measures that were introduced during the critical phase of the pandemic in 2020–2021 and analyses the extraordinary measures that were adopted in the Czech Republic. After the pandemic, once the temporary emergency measures were lifted, the number... |
Mega-sporting events (MSEs) can have a negative impact on human rights throughout their lifecycle, from the bidding stage, over to the planning and preparation stage, the delivery of the event, and also as part of their legacy after the event has concluded. They can be linked to land grabbing, forced evictions, forced labour and many other human rights abuses. The problem is that only a very few of these cases are actually addressed in the sense that rights-holders receive an effective remedy and those responsible for the abuse are held to account. MSEs are jointly organized and staged by public, private, national, and international actors, which each contribute in different ways to the associated human rights impact. |
This paper investigates the phenomenon of judicial law-making in the practice of the highest courts dealing with criminal matters in Germany and Poland on the basis of 200 of their decisions. While German jurisprudence principally acknowledges the right of the judiciary to create new law, the Polish legal theory generally rejects this notion. Still, research indicates that, in practice, the differences in the frequency and intensity with which these courts pass creative rulings are not as substantial as the discrepancy in the theoretical stance would suggest. Owing to circumstances, both the German Federal Court of Justice and the Polish Supreme Court are willing to create new legal norms, but the dimensions of judicial law-making presented by these bodies deviate from each other. I... |
The maritime industry is the cornerstone of the transportation of goods worldwide, offering safe, secure and environmentally friendly operations. Greek-owned and managed shipping companies and their successful performance can also be attributed to their unique organisational structure. The present paper explores the operational and theoretical organisational features in relation to Greek shipping companies and establishes to which extent these contribute to their business performance. Primary and secondary sources of information are considered while also employing semi-structured interviews and questionnaires. |
