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    Gustav Radbruch’s Notion of State

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    Gustav Radbruch’s Notion of Stat

    Tsiviilkohtumenetlus versus alternatiivne kohtuväline tsiviilasja lahendamine Eesti Vabariigis

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    John Rawls, a social philosopher from the 20th century, has said, ‘There are long periods in the history of any society during which certain basic questions lead to deep and sharp conflict and it seems difficult if not impossible to find any reasoned common ground for political agreement.’ He gave the post-Reformation wars of religion that took place in the 16th and 17th centuries as an example. To this day, we still see armed conflicts where the participating states cannot be brought to the negotiating table for peace talks. International armed conflicts undoubtedly also threaten the security of other states and the sense of safety of their citizens. These situations lead us to question why international law is so ineffective in the modern world order. Throughout history, legal disagreements that needed resolving have also arisen in civil matters. Many different methods have been used to solve these conflicts, including vigilante justice. In contrast, the German legal historian Professor P. Oestmann has explained the main features of court and procedural law history as follows: ‘Any person who wants to impose their presumed legal interests arbitrarily and takes justice into their own hands, or uses self-help, violates the boundaries set by law.’ Nevertheless, what he described is permitted in certain situations of the German Civil Code (Bürgeliches Gesetzbuch), such as in BGB subsection 229. Disagreements may also arise between companies when it comes to the interpretation and fulfilment of contracts. In these situations, the most viable solution is not always obvious. Is it better to take the issue to court or seek an agreement out of court? Different legal relationships may also create disputes between natural persons. In short, conflicts (lat. conflictus) may occur between states, legal entities and natural persons. It is the subject of this sociological research paper. Tallinn University’s doctoral student K. Palts defines conflict as a ‘Disagreement or misunderstanding that creates tension, which prompts partners to act against each other’s interests. Conflict requires at least two sides and areas where their interests collide. But what lies behind a misunderstanding? In short, it is resources, which are limited by nature, and differences in needs, values, stances, interests or goals.’ Mediation theorists A. Trossen, R. Hofmann and D.B. Rothfischer are of the opinion that specialised literature lacks a unifying definition for conflict. The word stems from the Latin conflictus, which means to collide. ‘The goal of targeted conflict management is to reach a situation where the conflict is no longer progressed by the conflict itself but by its participants.’ This means that conflicts, regardless of the participating sides, need to be solved. One important solution for defending one’s position is to go to court. According to subsection 15 of The Constitution of the Republic of Estonia, ‘Everyone whose rights and freedoms are violated has the right of recourse to the courts. Everyone has the right, while his or her case is before a court, to request for any relevant law, other legal act or action to be declared unconstitutional.’ Societal changes have a direct impact on the development of law. After the Estonian restoration of independence and joining with the European Union, the country undertook a judicial reform, which also impacted its substantive law and procedural law. Nowadays, disagreements can be solved using a variety of alternative methods, such as negotiations, expert opinions, arbitration, mediation and conciliation. The goal of this article is to highlight the benefits of solving civil disputes outside of court compared to civil proceedings and what the possibilities are for speeding up civil disputes at court

    Introduction

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    The Red Army Rises – the Impact of Threat Assessment on Defence System and Military Thinking in Finland in the 1920s

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    This article examines how the threat of the Red Army was perceived in Finland during the 1920s and 1930s, and how this threat assessment influenced the development of Finland’s defence system. The main focus of the article is on the developments of the 1920s and the solutions that were reached during that time. It primarily addresses the development of the defence system, but also considers the evolution of Finnish military thinking in its early stages. The research question of the article is: “How did the threat assessment affect the development of Finnish defence and military thinking during the 1920s and 30s?” The article is mostly based on the author’s dissertation project that examines the development of the Finnish covering troop concept from 1918 to 1942

    Game-based learning in university level Russian language courses: Exploring student perspectives

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    This paper examines the application of game-based learning (GBL) as a linguodidactic tool for advancing Russian as a foreign language (RFL) instruction within a university setting. It investigates the efficacy of game-based approaches in mitigating declining student interest, cultivating a positive learning environment, and developing both linguistic and communicative competencies. The paper presents the findings of a small-scale qualitative study and introduces the board game Contact Game as a specific case example of a GBL tool designed to enhance student engagement and learning outcomes in RFL instruction

    Aiboland ja rootsi keele taasintegreerimine

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    Viimastel aastatel on ajaloolistel rannarootsi aladel hüppeliselt suurenenud huvi rannarootsi kultuuri, pärandi ja rootsi keele vastu. Aastal 2019 käivitas Eestirootslaste Kultuuriomavalitsuse Sihtasutus pilootprojekti rootsi keele õpetamiseks endistel rannarootsi aladel ning aastal 2021 alustasid Tallinna Ülikool ja Eestirootslaste Kultuuriomavalitsuse Sihtasutus koostööd projektis „Rannarootsi rootsikeelseks”, mille eesmärk oli jätkata rootsi keele õppega ning töötada kursuste tarbeks välja elektrooniline õppematerjal, mis arvestaks konkreetset sihtgruppi ning mida saaksid kasutada kõik projektiga seotud rootsi keele õpetajad ja teised huvilised. Artikkel annab ülevaate projekti käigus toimunud rootsi keele kursustest Tallinnas, Vormsil, Ruhnus ja Noarootsis ning valminud õppematerjalist

    Economic Circumstances of Children Living in Higher and Lower-Educated Families and the Contribution of Household Structure: A Cross-Country Comparison with a Child’s Perspective

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    We study the contribution of household structure – such as the number of adults and children in the household – to the income gap between higher and lower-educated families. We extend our perspective and unit of analysis from the adults to the children living in households and study differences in children’s economic circumstances between higher and lower-educated families. More specifically, we ask: 1) To what extent are the differences in the economic circumstances of children living in higher and lower-educated households due to differences in household structure? 2) Does this vary between European countries? We study these questions using cross-nationally comparable data from the Generations and Gender Survey (GGS) and apply the Blinder-Oaxaca decomposition technique to show what the income gap would be if all education groups had the same household structure. In each country studied, children living in highly educated households have better economic circumstances. Children living in highly educated households also live more often in two-adult families, have fewer siblings living with them, and their parents are older when entering parenthood compared to others. Overall, our results show that the extent to which household structure explains income disparities varies in relative terms, but is surprisingly similar across countries in absolute terms. Despite the highly heterogeneous country sample, the results suggest that household composition contributes to a relatively limited extent overall to differences in children’s economic circumstances by parental education level. This suggests that family policies have a relatively limited impact in equalising economic disparities among children

    Why Ethnic Mobilization is Sustained: The Case of the Hungarian Minority in Romania

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    The concept of sustained ethnic mobilization remains under-studied, with a majority of the focus being drawn to the initial factors initiating mobilization. Yet, there are instances globally where ethnic groups have engaged in mobilization, remaining active without fully completing the process of mobilization, or experiencing a decline in mobilization over time. The case of Hungarians in Romania serves as a key example of a minority group that mobilized during the immediate post-communist era while continuing to pursue its stated goals and objectives, maintaining broad support within the community. This article examines two theories of sustained ethnic mobilization, institutional and kin-state, to evaluate which is more effective in analysing the case of the Hungarian minority. Using these theories, the analysis focuses on domestic organizations and institutions, as well as the allowances provided by the Romanian governing system. Additionally, it examines the influence of the Hungarian government through two key forms of support: financial backing for cultural institutions and the provision of citizenship to Hungarians residing in Romania. The article comes to the conclusion that both approaches offer value in understanding why mobilization is sustained but in the case of the Hungarians, the role of institutions is paramount in allowing a group to retain mobilization, offering regional and conceptual implications

    «Сладкая смерть» в романе Андрея Николева «По ту сторону Тулы»: _Retractatio_ [“The Delicious Death” in Andrei Nikolev’s _Beyond Tula_: A _retractatio_]

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    Correcting his own suggestion made in the 2023 article (cf. Slavica Revalensia, vol. 10), the author points to the source of one of the passages in Andrei Nikolev’s (A. N. Egunov) novel Beyond Tula (1930, published in 1931): the story of the “delicious death” of a honey-hunter is taken from Moby-Dick.

    К биографии Макса Фасмера: Тартуский период (1918–1921) [Max Vasmer: The Tartu Years (1918—1920)]

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    Max Vasmer’s life has been studied in a fragmented and uneven way. One of the lesser-known periods is the one that began in 1918, when Vasmer left the University of Saratov and his home in St. Petersburg and applied for a position at what was then the Landesuniversität der drei baltischen Provinzen (University of Tartu). This article gives an overview of the importance Vasmer attached to preserving European scholarship, his opposition to anything that stood in the way of this, and his personal ethics at criticalmoments in history. It also provides the readers with the previously unpublished application letter by Vasmer from July 5, 1918. The study is funded in whole by the Austrian Science Fund (FWF) as part of the project Slavic Studies in Exchange: Austria and Russia 1849—1939 (I 5309-G)

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