No Law is Stronger Than the Public Opinion Behind the Law

1921 ◽  
Vol 10 (2) ◽  
pp. 84-86
Author(s):  
J.W. England
Keyword(s):  
Public Opinion ◽  
The Public ◽  
The Law

COVID-19 și posibilele apărări în dreptul internațional: ar putea forța majoră și schimbarea fundamentetnală a circumstanțelor să justifice neexecutarea obligațiilor internaționale?

2020 ◽  
Vol 2020 (2020) ◽  
pp. 186-202
Author(s):  
Ion GÂLEA ◽  
Keyword(s):  
Public Opinion ◽  
International Law ◽  
Common Sense ◽  
Prima Facie ◽  
Fundamental Change ◽  
The Public ◽  
Force Majeure ◽  
International Obligations ◽  
International Responsibility ◽  
The Law

The study examines possible defences that States could invoke in order to justify or excuse measures designed to respond to the COVID-19 crisis, which prima facie might not be in conformity with certain international obligations. The study examines only defences available in general international law – beside certain exceptions that might be provided by the clauses of the respective treaties. Two grounds for suspending international obligations, stemming from the law of treaties – impossibility of performance and rebus sic stantibus – and three circumstances precluding wrongfulness, stemming from the law of international responsibility – force majeure, distress and state of necessity – are subject to examination. The study argues that, even if “common sense” might draw the public opinion towards the plausibility of invoking force majeure, impossibility of performance or fundamental change of circumstances, such a conclusion does not reflect general international law. In reality, the “best candidate” as a justification or excuse is distress, while the “second best candidate” might be represented by the state of necessity.

Recent Decisions Affecting the Law of Life Assurance

1938 ◽  
Vol 69 (2) ◽  
pp. 106-135
Author(s):  
Sydney Henry Levine
Keyword(s):  
Public Opinion ◽  
Good Reason ◽  
Legal Decisions ◽  
The Public ◽  
Life Assurance ◽  
Gradual Development ◽  
The Law

I should like to say first that I am extremely sensible of and greatly appreciate the honour that the Institute has done me by inviting me to submit this paper. In writing it I have felt throughout the difficulty that arises from the very different approach which a lawyer makes to legal decisions from that which an actuary may be expected to make. Cases interest me because of the niceties of construction they involve or of their subtle distinctions from other cases, or again because they mark the gradual development of the judicial mind in conformity with the public opinion of the preceding generation. To actuaries the interest of cases must primarily lie in their bearing on the practical problems of life assurance work. In discussing cases, therefore, I have felt that the reaction of readers will be sometimes that I have been labouring a decision that was obvious from the start, at others that the point at issue is obsolete because no company has had such a condition in its policies for the last ten years or for some equally good reason. Knowing next to nothing of life assurance practice, I have been unable to avoid this defect, and can only ask that it be excused.

scholarly journals Analisa Terbentuknya Negatif Opini Publik Undang-Undang Cipta Kerja di Provinsi Kalimantan Selatan

2021 ◽  
Vol 16 (1) ◽  
pp. 43-50
Author(s):  
Irwansyah ◽  
Ahmad Alvin Ferdian ◽  
Zulfiana Enni Rizqa ◽  
Muzahid Akbar Hayat
Keyword(s):  
Public Opinion ◽  
Job Creation ◽  
Qualitative Approach ◽  
Community Leaders ◽  
Religious Leaders ◽  
The Public ◽  
Public Figures ◽  
The Law ◽  
The Government ◽  
Almost All

The Job Creation Act which was ratified on 5 October 2020 was met with the agitation of rejection in the form of demonstrations in almost all parts of Indonesia. There are many misunderstandings in the interpretation of this law, one of which is the assumption that the law will harm workers and society. This study aims to identify the causes of negative public opinion on the Job Creation Act, what forms of socialization are carried out by the government, and how the public gets information about the law. This research uses a qualitative approach. The data was taken through a questionnaire distributed to 22 respondents who were randomly selected from the Job Creation Act demonstrators in November 2020 in front of the DPRD Building of South Kalimantan Province. The results showed that respondent’s negative opinion on the Job Creation Act was caused by a lack of knowledge about the contents of the law and the lack of government socialization to the public. The strategy that can be taken by the government to create positive public opinion is to involve community groups, students, public figures, religious leaders, community leaders, and influencers as communicants or messengers in the socialization of the Job Creation Act.

¿Sería constitucional el referéndum vasco?

2009 ◽  
pp. 15
Author(s):  
Antonio Bar Cendón ◽  
Francesc de Carreras Serra ◽  
Marc Carrillo López ◽  
Enric Fossas Espadaller ◽  
José Antonio Montilla Martos ◽  
...  
Keyword(s):  
Public Opinion ◽  
Negotiation Process ◽  
The Political ◽  
Autonomous Community ◽  
The Public ◽  
The Law ◽  
Pais Vasco

Se aborda en esta encuesta el proceso e implicaciones de la aprobación por el Parlamento Vasco, en junio de 2007, de la Ley 9/2008, de convocatoria y regulación de una consulta popular al objeto de recabar la opinión ciudadana en la Comunidad Autónoma del País Vasco sobre la apertura de un proceso de negociación para alcanzarla paz y la normalización política.This paper analyses the process and implications of the Law 9/2008, approved by the basque parliament in june of 2007, about summons and regulation of a popular consultation in order to obtain the public opinion in the Autonomous Community of the Baeque Country about the decision of openning a negotiation process to reach the peace and the political normalization.

scholarly journals Public Opinion: Notion, Peculiarities and Role in the Law-making Process.

2020 ◽  
pp. 62-71
Author(s):  
Tarakhonych Tetiana
Keyword(s):  
Public Opinion ◽  
Opinion Formation ◽  
Internal Factors ◽  
The Public ◽  
Spheres Of Influence ◽  
Temporal Features ◽  
Public Consciousness ◽  
Basic Functions ◽  
The Law ◽  
Law Making

The article deals with the theoretical and practical issues of public opinion formation and development in the process of progressive changes of Ukrainian society and state. The article underlines that the public opinion plays an important role in the law-making process. It is pointed out that the public opinion is an evaluative component of public consciousness, which is reflected in different forms of manifestation by means of sentiment, feelings, emotions, judgments concerning an object of knowledge and reflects a certain level of knowledge concerning certain phenomena, processes, facts, etc. The research characterizes the features of public opinion: public opinion is the evaluative side of social consciousness; directed to a certain object of cognition; it is reflected in certain forms of manifestation; characterized by information saturation; has certain spheres of influence; it is characterized by inherent spatial and temporal features; it has the ability to influence the consciousness and practical activities of various actors, to determine their social behavior; it has a certain structure, emotional, cognitive and strong-willed components, and preference is given to those that are dominant in nature and induce to the action. The author underlines that most scholars tend to separate the rational, emotional, and strong-willed manifestation of public opinion. The structural components of public opinion are defined and characterized, namely: subjects, object, content. It is noted that the object of public opinion is events, actions, facts, phenomena of public life, which are directed by the public opinion. The subjects of public opinion are members of society, a certain community, a group, etc., endowed with consciousness and will, able to show their attitude to the object of cognition. It is also pointed out that the content aspect of public opinion is those feelings, emotions, judgments, actions that facilitate of the realization of interests and needs of public opinion subjects. It states that in the public opinion`s mechanism of actions the interests and needs are important, which are constantly changing. The article emphasizes that the external and internal factors affect the substantive and essential nature of public opinion. The functional focus of the public opinion is defined and it provides the opportunity to determine and characterize such basic functions of public opinion as: expressive, control, directive, cognitive, informational, prognostic, etc.

scholarly journals Reforming of the Judicial System of Kosovo based on the Law no. 03/L-199 on Courts and its challenges

2014 ◽  
Vol 4 (1) ◽  
pp. 249
Author(s):  
Dr.Sc. Azem Hajdari ◽  
MSc. Shpresa Ibrahimi ◽  
MSc. Albulena Hajdari
Keyword(s):  
Public Opinion ◽  
Comparative Method ◽  
Judicial System ◽  
The Public ◽  
Historical Method ◽  
Analysis And Synthesis ◽  
The Law ◽  
The Republic

Law no. 03/L-199 on Courts1 represents a law of significant importance which regulates the organisation, functioning and jurisdiction of courts of the Republic of Kosovo. This law has made numerous reforms in the judicial system of the country. It has set the bases of a modern and sustainable judicial system. In fact the Law on Courts in addition to having changed the judiciary of Kosovo in the aspect of organisation, it has opened the paths in the aspect of ensuring an efficient functioning thereof. Moreover, this law has repealed the application of the Law of former SAP of Kosovo on Regular Courts which in some aspects did not correspond to the trends of contemporary developments in this field. Law on Courts in its solutions embeds the bases of an independent and impartial justice, further on being multiethnic, non-discriminatory, efficient and in principle having an advanced approach of the opportunity for the public opinion to follow the judicial activities. Consequently, within this work, the background of the development of judicial system in Kosovo shall be discussed, some aspects of its reforming and challenges currently the judicial system of the country faces.In the course of preparation of this work, legal-historical method has been applied, the dogmatic method too, method of comparison and the method of analysis and synthesis. Through the legal-historical method, the manner of organisation and activity of the judicial system in Kosovo has been reflected covering the time of Turkish rule up to 2013 basing it on the laws and the Albanian customary law.The dogmatic method has helped on reflecting the manner of organisation and activity of the judicial system in Kosovo, viewing it in the context of regulating these matters through the Law on Courts presently applicable.The comparative method has reflected the features of the new judicial system in Kosovo and a comparison has been undertaken to the characteristics of earlier judicial system. The method of analysis and synthesis has been applied to elaborate in detail specific articles of the Law on Courts, they were commented and in some cases concrete proposals have been given for solution, considered as advanced.

scholarly journals Application of the Hart-Devlin debate to the ideas and arguments raised in ‘Legalising assisted dying would be a failure of collective human memory and imagination’

2019 ◽  
Vol 1 (2) ◽  
pp. 24-38
Author(s):  
Jessica Hurwood
Keyword(s):  
Public Opinion ◽  
Human Memory ◽  
Assisted Dying ◽  
Individual Freedom ◽  
Conservative Approach ◽  
Legal Philosopher ◽  
The Public ◽  
The Law ◽  
Liberal Approach

The Hart-Devlin debate centres upon the strongly contested issue of whether or not the law should enforce morality. The debate between these two figures was sparked by the Wolfenden Report of 1957, which concluded that due to the importance of individual freedom, ‘there must remain a realm of private morality which is, in brief and crude terms, not the law’s business’. The progression of our society into a more liberal entity has led to the argument that Hart, widely regarded as the twentieth century’s greatest British legal philosopher, has ultimately superseded Devlin in this debate. Therefore, this essay shall re-examine each side of the debate in light of the changing legal landscape, specifically with reference to the public opinion on legalising euthanasia. The examination will seek to determine whether Hart’s liberal approach has in fact prevailed, or whether society is more inclined to accept the more conservative approach advocated by Devlin.

scholarly journals Gender-based violence ignites the re-emergence of public opinion on the exercise of judicial authority

De Jure ◽  
2020 ◽  
Vol 53 ◽  
Author(s):  
Nomthandazo Ntlama
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Public Opinion ◽  
Social Change ◽  
Violence Against Women ◽  
Gender Based Violence ◽  
The Public ◽  
Judicial Authority ◽  
The Law ◽  
Gender Based

South Africa is highly celebrated for its commitment to the promotion of human rights. This has also fostered "rights consciousness" among the citizenry which has become of essence for the advancement of the rights of women who had long been in the "legal cold". However, the significance of the "rights concepts" is marred by the extreme levels of gender-based violence against women. The effect of crimes suffered by women raises questions about South Africa's post-apartheid system of governance and the promotion of the rule of law, which is founded on human rights. With South Africa's history, it is assumed that law has the potential to transform societies in ensuring the fulfilment of rights as envisaged in many national, regional and international instruments. Against this background, this paper focuses on the recent shocking wave of the extreme levels of gender-based violence against women experienced in South Africa with the resultant consequence of the agitation of the public on the independence of the judiciary. Whilst it acknowledges the limitations of the law and the challenges faced by women, it argues against public opinion that seem to wither the democratic character of the state relating to the functioning of the judiciary. It also argues that public opinion waters down the assumption about the capacity of the law in generating social change. In addition, the confidence in the judiciary cannot be replaced by invidious philosophies that appear to compromise the independence of the judiciary as envisaged in the doctrine of separation of powers. The argument advanced herein is limited to the rationality of the calls by further raising a question whether safeguarding independence and impartiality of the judiciary should be outweighed by public outrage on gender-based violence. It also does not profess to provide an expert analysis of the interrelationship between law and social change because of the complexities that exists between these areas. Overall, the paper acknowledges and shares the concerns by the public on the elimination of gender-based violence; however, it refuses the indirect consequence of public opinion on the trampling of judicial authority.

Trust in the Police: Cross-country Comparisons

2012 ◽  
pp. 24-47
Author(s):  
V. Gimpelson ◽  
G. Monusova
Keyword(s):  
Public Opinion ◽  
Public Attitudes ◽  
Crime Rates ◽  
Authoritarian Regimes ◽  
Data Sets ◽  
The Public ◽  
Positive Attitudes ◽  
Cross Country ◽  
Police Activity

Using different cross-country data sets and simple econometric techniques we study public attitudes towards the police. More positive attitudes are more likely to emerge in the countries that have better functioning democratic institutions, less prone to corruption but enjoy more transparent and accountable police activity. This has a stronger impact on the public opinion (trust and attitudes) than objective crime rates or density of policemen. Citizens tend to trust more in those (policemen) with whom they share common values and can have some control over. The latter is a function of democracy. In authoritarian countries — “police states” — this tendency may not work directly. When we move from semi-authoritarian countries to openly authoritarian ones the trust in the police measured by surveys can also rise. As a result, the trust appears to be U-shaped along the quality of government axis. This phenomenon can be explained with two simple facts. First, publicly spread information concerning police activity in authoritarian countries is strongly controlled; second, the police itself is better controlled by authoritarian regimes which are afraid of dangerous (for them) erosion of this institution.

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