Elements for a Dialogical Approach on Parallel Reasoning. A Case Study of Spanish Civil Law

2021 ◽  
pp. 217-254
Author(s):  
Maria Dolors Martínez-Cazalla ◽  
Tania Menéndez-Martín ◽  
Shahid Rahman ◽  
Hans Christian Nordtveit Kvernenes
Keyword(s):  
Civil Law ◽  
Dialogical Approach ◽  
Parallel Reasoning

IMPLEMENTASI PERATURAN DAERAH KHUSUS (PERDASUS) PROVINSI PAPUA NOMOR 23 TAHUN 2008 TENTANG HAK ULAYAT MASYARAKAT HUKUM ADAT DAN HAK PERORANGAN WARGA MASYARAKAT ADAT ATAS TANAH (STUDI KASUS KOTA JAYAPURA DAN KABUPATEN BIAK NUMFOR)

2016 ◽  
Vol 11 (2) ◽  
pp. 40-59
Author(s):  
Ayu Kurnia Utami
Keyword(s):  
Conflict Resolution ◽  
Indigenous People ◽  
Civil Law ◽  
Qualitative Approach ◽  
Customary Law ◽  
Land Conflict ◽  
Local Regulation ◽  
The People ◽  
The Government

This study discusses Perdasus 23 Year 2008 about individual and communal rights of customary law society over the land through a case study in Jayapura and Biak Numfor. The special local regulation (Perdasus) is a part of the efforts to secure the customary society or the indigenous people of Papua. The aim of this study is to identify how far Perdasus 23 Year 2008 has been implemented in Jayapura and Biak Numfor. The study applies qualitative approach which data is collected through observations, interviews, and content analysis of related documents. The result of this study shows that Perdasus 23 Year 2008 is not implemented thoroughly. Although the regulation is not normatively implemented, it has been practically implemented through the initiatives of Jayapura and Biak Numfor government to carry out conflict resolution program in each region. In doing so, the government of Jayapura has done the communal right mapping of Port Numbay people, while the government of Biak Numfor issues a local regulation (Perbup) about the strategy of land conflict resolution by encouraging of the involvement of customary role and legitimation in the region. Eventhough these activities are not conducted in accordance with Perdasus 23 Year 2008, Jayapura has performed four substances of the “Perdasus”: research, mapping, management and identification, and land conflict resolution. Meanwhile, Biak Numfor regency has performed two substances: communal land management and land conflict resolution though they only fulfill some aspects of these substances when performing research and mapping. There are three aspects affecting the implementation of Perdasus in Jayapura and Biak Numfor. First, ineffective communication both from the policy maker to the policy implementer and from policy implementer to the people that causes confusion to the society regarding the policy. Second, the existing paradigm of local people who still believe that customary law is more powerful than civil law. Last but not the least is Government’s initiative to do an activity to protect the communal right of indigenous people of Papua.

Increasing Responsibility, Safety, and Trust Through a Dialogical Approach: A Case Study in Couple Therapy for Psychological Abusive Behavior

2014 ◽  
Vol 25 (4) ◽  
pp. 275-299 ◽  
Author(s):  
Berta Vall ◽  
Jaakko Seikkula ◽  
Aarno Laitila ◽  
Juha Holma ◽  
Luis Botella
Keyword(s):  
Couple Therapy ◽  
Dialogical Approach ◽  
Abusive Behavior

scholarly journals Analisis Hukum Penyelesaian Sengketa Murabahah di Pengadilan Agama

2019 ◽  
Vol 2 (2) ◽  
Author(s):  
Afifi Tita Zahra ◽  
Muhammad Naim
Keyword(s):  
Dispute Settlement ◽  
Civil Law ◽  
Secondary Data ◽  
Judicial Power ◽  
Primary Data ◽  
Research Use ◽  
Use Case ◽  
Factors Affecting ◽  
Case Number

It is mentioned in the laws article 49 No 3 2006 that one of religious court’s duty is to solve murabahah dispute. However, a case related to murabahah dispute number 2860/Pdt.G/2013/PA.Mr. which is submitted to MojokertoReligius Court was rejected by judges. This research attempt to analyse this (1) What is judges consideration in charge of settling murabahah dispute in a verdict number 2860/Pdt.G/2013/Pa.Mr? (2) What factors affecting the judges verdict number 2860/Pdt.G/2013/Pa.Mr? (3) How do the murabahah financing products eligible with religious advice DSN Indonesian Ulamas Council in terms of murabahah financing? This research use case study. The primary data was taken in Mojokerto Religious Court with the case number 2860/ Pdt.G/2013/Pa.Mr while the secondary data based on law books and journals which is related to sharia economy. Data was collected by using interviews and documentation.This research conclude this (1) The judges decided to not accept the case number 2860/Pdt.G/2013/Pa.Mr because the murabahah agreement which contain dispute settlement should be resolved through the arbitration institution (BASYARNAS). (2) Factors that influence judges verdict was law and rules that regulate arbitration which is consist of laws No 1 21/2008 on Sharia Banking article 55, Laws no 48 2009 about Judicial Power article 59, article 1338 the Book of Civil Law and article 21 (3) In addition, a case number 2860/pdt.g/2013/pa mr in form of loan capital was not in accordance with MUI teaching number 4/DSN-MUI/IV/2000 that govern murabahah only for purchase of goods.  Keyword : murabahah, dispute settlement, religious court. 

scholarly journals Parallel Reasoning by Ratio Legis in Contemporary Jurisprudence. Elements for a Dialogical Approach

2021 ◽  
pp. 163-187
Author(s):  
M. Dolors Martínez-Cazalla ◽  
Tania Menéndez-Martín ◽  
Shahid Rahman
Keyword(s):  
Dialogical Approach ◽  
Parallel Reasoning

Chronic hepatitis C – Assessment in civil law: A case study

2010 ◽  
Vol 17 (2) ◽  
pp. 99-101
Author(s):  
Bruno Miguel Santos ◽  
Paula Sousa ◽  
Filomena Mena ◽  
Graça Santos Costa ◽  
Francisco Corte-Real ◽  
...  
Keyword(s):  
Chronic Hepatitis ◽  
Hepatitis C ◽  
Chronic Hepatitis C ◽  
Civil Law

A Question of Personal Status

2019 ◽  
Vol 15 (2) ◽  
pp. 179-198 ◽  
Author(s):  
Nelia Hyndman-Rizk
Keyword(s):  
Women's Rights ◽  
Media Coverage ◽  
Civil Law ◽  
Women’S Rights ◽  
Civil Marriage ◽  
Personal Status ◽  
Religious Sects ◽  
Marriage Reform

AbstractAmid an enduring political deadlock in Parliament, the first civil marriage contracted in Lebanon in 2013 received significant media coverage in a country where the personal status law of eighteen recognized religious sects governs marriage. This case study examines the debate on civil marriage reform and the implications for women’s rights in Lebanon. For advocates, the recognition of civil marriage legalizes interreligious marriages, strengthens secular citizenship, shifts the jurisdiction of marriage from religious to civil law, and ensures women’s rights. Opponents, meanwhile, fear the loss of religious autonomy, the transformation of self-identification in Lebanon from sect to nation, and the destabilization of the confessional system. To date, civil marriage reform has been incremental, given clerical and social opposition, but the winds of change are blowing as couples increasingly take matters into their own hands to reform Lebanon’s system of personal status from the ground up.

TEACHING LEGAL TRANSLATION – A CASE STUDY OF MAKING STUDENTS AWARE OF TRANSLATION RISKS RESULTING FROM PLURICENTRISM

Fachsprache ◽  
2021 ◽  
Vol 43 (1-2) ◽  
pp. 52-74
Author(s):  
Aleksandra Matulewska ◽  
Joanna Kic-Drgas ◽  
Paula Trzaskawka
Keyword(s):  
Comparative Method ◽  
Relevant Literature ◽  
Civil Law ◽  
Official Language ◽  
Source Text ◽  
Language Varieties ◽  
Legal Translation ◽  
Research Material ◽  
Legal Context

This article examines the phenomenon of pluricentrism in language for legal purposes. The purpose of the research is to discuss the coexistence of different language varieties resulting from the existence of pluricentric languages in a legal context, and how this can affect translation decisions. The research focuses on English and German. The authors apply the comparative method to identify differences and similarities in legal terminology, in order to develop the resulting didactic implications for legal translation courses. The methods used in the article encompass: the analysis of comparable texts, the terminological analysis of research material (comparative law methodology), the theory of skopos, and an analysis of the relevant literature. The research material mostly consisted of civil law documents of countries where the languages under discussion are spoken. The research hypothesis is that if a given language is an official language in more than one country, the legal languages are not uniform and vary in respect to national legal language variants (similar to general language), and consequently there is a risk of making an error. Thus the students of translation studies must be made aware of the resultant differences in order to solve translation problems more efficiently and to reduce the number of errors in specialised translation. The analysis of the source text through the prism of terminology should be related to the legal system of the country concerned. Students of translation courses should be aware of the semantic differences between legal terms in order to find proper equivalents.

Portrait and Ideology

2019 ◽  
pp. 19-39
Author(s):  
Hannah Holtschneider
Keyword(s):  
Civil Law ◽  
Russian Empire ◽  
Eastern European ◽  
Religious Ideology ◽  
The United Kingdom ◽  
Key Issues ◽  
Secular Society ◽  
The Russian Empire ◽  
East Prussia

This chapter introduces Rabbi Dr Salis Daiches and maps his migration from the Lithuanian part of the Russian Empire to East Prussia, Berlin and then Britain, arriving in Edinburgh in early 1919. His educational, linguistic and cultural voyage across Europe presents the context in which to analyse his religious ideology and outlook on life in a secular society. Daiches presented both an opportunity and a challenge for the Chief Rabbis under whose authority he served in various congregations across the United Kingdom. Daiches possessed the learning of an Eastern European rabbi and the eloquence of an English clergyman, and used these advantages at once to forge a bridge between residents and immigrants and to challenge the hegemony of the Chief Rabbi which he saw as ineffective outwith London’s United Synagogue. Thus, Daiches emerges as a case study that illustrates well the key issues in the debates about the bundling of religious authority in the Chief Rabbi and his court, the frustrations of immigrant rabbis whose religious training far surpassed that of the English Jewish ministers who excelled in preaching, and knowledge of civil law, but were embarrassed by their lack of halakhic competence.

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