Legal Procedures to Reject Ultra Vires Acts and Transactions

2021 ◽  
pp. 103-108
Author(s):  
Marco Antonio Jiménez Sánchez
Keyword(s):  
Legal Procedures

“I'd make thee eat the mischief thou hast vented”: Discourse of Law in Ben Jonson's Catiline His Conspiracy

2017 ◽  
Vol 24 (1) ◽  
pp. 22-45
Author(s):  
Akihiko Shimizu
Keyword(s):  
Early Modern ◽  
Political Discourse ◽  
Legal Discourse ◽  
The State ◽  
The Political ◽  
State Of Emergency ◽  
Gunpowder Plot ◽  
Effective Use ◽  
Legal Procedures ◽  
The Way

This essay explores the discourse of law that constitutes the controversial apprehension of Cicero's issuing of the ultimate decree of the Senate (senatus consultum ultimum) in Catiline. The play juxtaposes the struggle of Cicero, whose moral character and legitimacy are at stake in regards to the extra-legal uses of espionage, with the supposedly mischievous Catilinarians who appear to observe legal procedures more carefully throughout their plot. To mitigate this ambivalence, the play defends Cicero's actions by depicting the way in which Cicero establishes the rhetoric of public counsel to convince the citizens of his legitimacy in his unprecedented dealing with Catiline. To understand the contemporaneousness of Catiline, I will explore the way the play integrates the early modern discourses of counsel and the legal maxim of ‘better to suffer an inconvenience than mischief,’ suggesting Jonson's subtle sensibility towards King James's legal reformation which aimed to establish and deploy monarchical authority in the state of emergency (such as the Gunpowder Plot of 1605). The play's climactic trial scene highlights the display of the collected evidence, such as hand-written letters and the testimonies obtained through Cicero's spies, the Allbroges, as proof of Catiline's mischievous character. I argue that the tactical negotiating skills of the virtuous and vicious characters rely heavily on the effective use of rhetoric exemplified by both the political discourse of classical Rome and the legal discourse of Tudor and Jacobean England.

Ritual

2018 ◽  
Author(s):  
Axel Michaels
Keyword(s):  
Life Cycle ◽  
Social Implications ◽  
Legal Procedures

This chapter first examines a number of Sanskrit terms equivalent to the word ritual. It then discusses and defines ritual based on four formal components that are also important for understanding legal procedures: (i) framing, including causal inducement and ceremonial decision (intentio solemnis, e.g., saṃkalpa); (ii) formality, with notions of repetitiveness, publicity, variation, and performativity; (iii) modality differentiation between individual implications (individualitas), social implications (societas), and transcending or elevating qualities (religio, Skt. apūrva); and (iv) transformation and confirmation of identity, role, status, or authority of the main participant(s). Focusing on paradigmatic rituals such as sacrifice (yajña, iṣṭi), life-cycle rituals (saṃskāra), and worship (pūjā), it also analyses various theories on ritual, for example, its structure and grammar, the meaning (-lessness) of rituals, or the Pūrvamīmāṃsā theory of ritual.

scholarly journals MAKING MARIA THERESIA ‘KING’ OF HUNGARY

2020 ◽  
pp. 1-22
Author(s):  
BENEDEK M. VARGA
Keyword(s):  
Eighteenth Century ◽  
Female Body ◽  
Royal Power ◽  
Two Bodies ◽  
Legal Procedures

ABSTRACT This article examines the succession of Maria Theresia as ‘king’ of Hungary in 1741, by questioning the notion of the ‘king's two bodies’, an interpretation that has dominated the scholarship. It argues that Maria Theresia's coming to the throne challenged both conceptions of gender and the understanding of kingship in eighteenth-century Hungary. The female body of the new ruler caused anxieties which were mitigated by the revival of the medieval rex femineus tradition as well as ancient legal procedures aiming to stress the integrity of royal power when it was granted to a woman.

scholarly journals Impacts of Chapter 12 and Lender Liability Suits on Bankers' Propensity to Lend in Western Arkansas

1993 ◽  
Vol 25 (1) ◽  
pp. 174-186
Author(s):  
Bruce L. Dixon ◽  
Kristin M. Raub ◽  
Janet A. Flaccus
Keyword(s):  
Approval Process ◽  
Frequent Use ◽  
Lender Liability ◽  
Loan Approval ◽  
Lending Behavior ◽  
Legal Procedures

AbstractThe recent availability of Chapter 12 bankruptcy and the more frequent use of lender liability suits by borrowers are factors that may be adversely affecting the supply of agricultural loans. An experiment using hypothetical loan applications was undertaken involving 34 banks in western Arkansas. Responses were used to estimate the impacts of these legal procedures on banks' lending behavior. The estimated models indicate Chapter 12 is not a significant factor in the loan approval process. Lender liability has marginal significance in lowering the probability of granting an intermediate term loan.

The Developmental Consequences for Asylum-seeking Children Living With the Prospect for Five Years or More of Enforced Return to Their Home Country

2009 ◽  
Vol 11 (1) ◽  
pp. 41-67 ◽  
Author(s):  
M.E. Kalverboer ◽  
A.E. Zijlstra ◽  
E.J. Knorth
Keyword(s):  
Home Country ◽  
Children's Rights ◽  
Legal Framework ◽  
European Countries ◽  
Children’S Rights ◽  
Positive Development ◽  
Member States ◽  
Developmental Risks ◽  
Western European ◽  
Legal Procedures

This study examines the European legal framework and policy on children’s rights and on the development and developmental risks of children from asylum-seeking families who have lived in asylum centres for over five years with the prospect of being forced to return to their home country. The legal procedures and practices of Member States in the Western European countries seem to be far too lengthy, and the standards for reception far too low to protect the children’s positive development.

Childhood: a device of governmentality of the child body

2021 ◽  
Vol 2 (1) ◽  
Author(s):  
Aurea Maria Pires Rodrigues
Keyword(s):  
Children And Adolescents ◽  
Mode Of Action ◽  
Public Policies ◽  
Social Assistance ◽  
Modern State ◽  
Reference Center ◽  
Society Of Control ◽  
Legal Procedures ◽  
Do So

This work aimed to problematize the production of the object childhood as a governmentality device, gradually reconfigured in disciplinary society, biopolitics, as Foucault (1979) says, and in the society of control, as explained by Deleuze (1990) and Lazzari (2008). To do so, we used the cartographic method, which points out that, following legal procedures, we research and intervene, intending to produce other realities, seeking to break with the logic of capture established, we will follow the practices of a psychologist in a Specialized Reference Center of Social Assistance (CREAS), which works with children and adolescents victims of rights violations. Pointing out how the production of a literature of Education, at the same time as its production as a field of knowledge, it produced a certain mode of action and a certain subjective profile of childhood, affecting another relationship between families and the Modern State through public policies.

When Law Calls, Does Science Answer? A Survey of Distinguished Scientists & Engineers

Daedalus ◽  
2018 ◽  
Vol 147 (4) ◽  
pp. 41-60
Author(s):  
Shari Seidman Diamond ◽  
Richard O. Lempert
Keyword(s):  
Decision Making ◽  
American Academy ◽  
Legal System ◽  
Legal Decision ◽  
Legal Decision Making ◽  
Scientists And Engineers ◽  
Legal Procedures

Sound legal decision-making frequently requires the assistance of scientists and engineers. The survey we conducted with the cooperation of the American Academy examines the views of the legal system held by some of the nation's most distinguished scientists and engineers, what motivates them to participate or to refuse to assist in lawsuits when asked, and their assessment of their experiences when they do participate. The survey reveals that a majority of the responding scientists and engineers will agree to participate when asked, and when they turn down requests, the most common reasons are lack of time and absence of relevant expertise. Dissatisfaction with legal procedures is also a deterrent, but our respondents indicated that some procedural changes would make their participation more likely. In addition, participation appears to be associated with a greater belief in the ability of the legal system to deal well with scientific matters.

scholarly journals Humanization according to cancer patients with extended hospitalization periods

2010 ◽  
Vol 8 (2) ◽  
pp. 221-227 ◽  
Author(s):  
Natália Tatiani Gonçalves Brito ◽  
Rachel de Carvalho
Keyword(s):  
Hospital Stay ◽  
Cancer Patients ◽  
Hospital Care ◽  
Albert Einstein ◽  
Quantitative Approach ◽  
Professional Responsibility ◽  
Her Family ◽  
Exploratory Survey ◽  
Oncology Unit ◽  
Legal Procedures

ABSTRACT Objective: To identify the concept of humanization and raise aspects that contribute towards and that hinder humanization of hospital care, according to the opinion of oncology patients. Methods: This is a descriptive-exploratory survey, with a qualitative-quantitative approach. The sample was made up of 10 patients hospitalized for more than 30 days at the Oncology Unit of Hospital Israelita Albert Einstein, who, after satisfying ethical and legal procedures, were interviewed and answered three questions in reference to humanization in oncology. Results: The factors that contributed more towards humanization were warmth in giving care, friendliness, and smiles, and the factors that hindered it were bad moods, noise, and not being promptly attended. Conclusions: Hospital humanization should be experienced and felt by all those who work at hospital and needs to be reflected in the care offered to the client and his/her family members. These aspects become vital in oncology in order to understand the difficult period the patient is going through during the hospital stay, showing an interest in his/her problems and struggles with an attitude of empathy and cordiality, always acting ethically and with professional responsibility.

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