scholarly journals Mediation: A Change in Finnish Court Culture?

2021 ◽  
pp. 235-254
Author(s):  
Kirsikka Linnanmäki
Keyword(s):  
Theoretical Framework ◽  
Mediation Process ◽  
Court Culture ◽  
District Courts ◽  
Legal Context ◽  
Mediation System ◽  
Normative Change ◽  
The Law ◽  
And Function ◽  
Role And Function

AbstractThe topic of this chapter is court-connected mediation and how mediation has affected the court culture in civil cases in Finland. The focus is on the three following dimensions of the mediation system: on legislative, theoretical, and practical changes. The main normative change was the act that came into force in 2006. The new legislation led gradually to changes in practice as well. A significant amount of cases in the District Courts go to mediation today. The law defines judges also as mediators, and in practice many judges are trained and experienced mediators. Also, the theoretical framework for courts has expanded, since mediation theories constitute a relevant basis for the mediation process. The change in culture is also multidirectional. Not only has mediation moved into the legalistic court culture, but also the legal context affects mediation. Mediation has changed court culture by providing an alternative to court trial and it has brought new dimensions to the definition, role and function of courts of law.

12. Breach of statutory duty

2019 ◽  
pp. 307-316
Author(s):  
Kirsty Horsey ◽  
Erika Rackley
Keyword(s):  
Civil Liability ◽  
Statutory Duty ◽  
Regulatory Statute ◽  
The Law ◽  
And Function ◽  
Role And Function

This chapter discusses liability for breach of statutory duty. There may be cases where a statute renders a certain activity a crime, and the law imposes an additional civil liability towards a person harmed by the act. While some statutes state this directly, most statutes make no mention of potential civil liability, but nevertheless liability may be imposed if the court believes that Parliament impliedly intended there to be a remedy. Not only are there difficulties about when a civil duty will be spelt out of a criminal or regulatory statute, but there are also problems about the role and function of the tort of statutory duty.

Juristische und theologische Dogmatik

2015 ◽  
Vol 75 (5) ◽  
pp. 325-341
Author(s):  
Michael Welker
Keyword(s):  
Academic Work ◽  
The Law ◽  
And Function ◽  
Role And Function ◽  
Insight Into

AbstractThis article refers to the recent German discussion on the role and function of legal dogmatics. The insistence among legal scholars on relating the evolution of the law to academic work, to the praxis of the courts and on locating it in truth-seeking communities, but also the insight into the multifunctionality of dogmatics open up ways for a comparison of legal and theological dogmatics. The article identifies nine levels in legal and theological dogmatic thought and orientation which lead to fruitful observations of commonalities and differences of legal and theological normativity.

scholarly journals Civil Rights in Juvenile Courts

1969 ◽  
pp. 341
Author(s):  
Brian Kaliel
Keyword(s):  
United States ◽  
Civil Rights ◽  
General Pattern ◽  
The United States ◽  
Juvenile Courts ◽  
The Subject ◽  
The Law ◽  
And Function ◽  
Role And Function

Civil rights in juvenile courts is an area of the law that has attracted wide discussion and comment in the United States. Canada's laws, however, while following the same general pattern as those in the United States have not been the subject of close scrutiny. The purpose of the article is to scrutinize Canada's laws and place them in the context of modem views as the role and function of juvenile courts.

Visual content of Twitter during the 2018 protests in Iran: Analysis of its role and function

2021 ◽  
Vol 17 (2) ◽  
pp. 213-230
Author(s):  
Maryam Esfandiari ◽  
Bohdan Fridrich ◽  
Junxi Yao
Keyword(s):  
Collective Action ◽  
Theoretical Framework ◽  
Visual Content ◽  
Approach Coping ◽  
And Function ◽  
Role And Function ◽  
Protest Activity

This study examines the visual content of Twitter posts, including photos and videos, published during the 2018 protests in Iran. Our main objective is to understand how these protests were visually represented on Twitter. The theoretical framework of this study is drawn from the ‘dynamic dual path way model of approach coping’ that categorizes responses of collective action in emotion-focused and problem-focused coping. Our findings reveal that visual content with efficacy-eliciting characteristics was posted more often than emotion-arousing content. Furthermore, visual content with more protest activity is more likely to be retweeted.

12. Breach of statutory duty

2017 ◽  
Author(s):  
Kirsty Horsey ◽  
Erika Rackley
Keyword(s):  
Civil Liability ◽  
Statutory Duty ◽  
Regulatory Statute ◽  
The Law ◽  
And Function ◽  
Role And Function

This chapter discusses liability for breach of statutory duty. There may be cases where a statute renders a certain activity a crime, and the law imposes an additional civil liability towards a person harmed by the act. While some statutes state this directly, most statutes make no mention of potential civil liability, but nevertheless liability may be imposed if the court believes that Parliament impliedly intended there to be a remedy. Not only are there difficulties about when a civil duty will be spelt out of a criminal or regulatory statute, but there are also problems about the role and function of the tort of statutory duty.

The Caliphs, the ʿUlamāʾ, and the Law: Defining the Role and Function of the Caliph in the Early ʿAbbāsid Period

1997 ◽  
Vol 4 (1) ◽  
pp. 1-36 ◽  
Author(s):  
Muhammad Qasim Zaman
Keyword(s):  
Religious Life ◽  
Religion And Politics ◽  
The Political ◽  
Historical Sources ◽  
Considerable Evidence ◽  
Critical Moment ◽  
The Law ◽  
And Function ◽  
Role And Function

AbstractThe early ʿAbbāsid period is usually thought of as a time when a definitive and enduring separation between religion and politics took place. On this view, expressed most notably by Lapidus and Crone and Hinds, the failure of the Miḥna instituted by the caliph al-Maʾmūn, a major showdown with prominent ʿulamāʾ, is taken as the critical moment which marked the end of any involvement of the caliphs in matters of law. Arguing against any such separation between the religious or legal and the political realms, this essay analyses various indications in juristic and historical sources from the early ʿAbbāsid period to show that the caliph continued to be recognized as a participant in the function of commenting on or resolving obscure matters of a legal import. There is, moreover, considerable evidence to show caliphal participation in religious life in general, before as well as after the Miḥna, and no evidence to indicate a separation between religion and politics.

scholarly journals Notary Liability over their Involvement in Document Falsification Crime

2020 ◽  
Vol 16 (1) ◽  
pp. 31-38
Author(s):  
Isdian Anggraeny ◽  
Tongat Tongat
Keyword(s):  
Criminal Liability ◽  
Legal Research ◽  
Criminal Offense ◽  
The Public ◽  
The Law ◽  
And Function ◽  
Role And Function

The presence of a notary in the Association of legal Communities is significant. Nevertheless, in carrying out its role and function, the Notary is very vulnerable in the vortex of deed against the law. Although in many instances, the public Notary can not be held accountable for the unlawful acts, in some cases, the Notary is unable to circumvent his involvement. This article presents two issues related to notary involvement in unlawful acts, especially the criminal offense. Each of these is: first, how is the form of notary involvement in criminal acts of document falsification? Secondly, can the public Notary be held accountable for his involvement in criminal acts of document falsification? This research was conducted through normative legal research. The results show that there are many forms of notary involvement in criminal acts of document counterfeiting. Secondly, the Notary may be held accountable and may be asked for criminal liability because of his involvement in criminal acts of document falsification.

12. Breach of statutory duty

2021 ◽  
pp. 316-324
Author(s):  
Kirsty Horsey ◽  
Erika Rackley
Keyword(s):  
Civil Liability ◽  
Statutory Duty ◽  
Regulatory Statute ◽  
The Law ◽  
And Function ◽  
Role And Function

This chapter discusses liability for breach of statutory duty. There may be cases where a statute renders a certain activity a crime, and the law imposes an additional civil liability towards a person harmed by the act. While some statutes state this directly, most statutes make no mention of potential civil liability, but nevertheless liability may be imposed if the court believes that Parliament impliedly intended there to be a remedy. Not only are there difficulties about when a civil duty will be spelt out of a criminal or regulatory statute, but there are also problems about the role and function of the tort of statutory duty.

Rules of Engagement and the International Law of Military Operations

2020 ◽  
Author(s):  
J.F.R. Boddens Hosang
Keyword(s):  
Use Of Force ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Military Operations ◽  
Academic World ◽  
The Law ◽  
And Function ◽  
Role And Function

This study analyses the role and function of the rules on the use of force (rules of engagement (ROE)) for military operations in terms of the interaction between the various bodies of international and national law applicable to such operations and the actual conduct of the operations in question. It explains how ROE act as a linchpin between the law, including the academic study of the law, and the actual conduct of military operations in practice. In order to structure this analysis and explanation, the book offers a brief introduction to general concepts related to rules on the use of force (ROE and otherwise) and the process of planning military operations, followed by in-depth discussions of the application of (the law of) self-defence, international humanitarian law, international human rights law, and international and national criminal law in the context of military operations. Based on the conclusions and observations of the constituent chapters and observations from practice, this book examines the classical conceptual model of ROE and offers a refinement of that model to explain the interaction between law and ROE. As such, the book serves as a ‘bridge’ between academic theory and operational practice, as well as between the academic world and the conduct of military operations.

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