Solidarity as a Legal Concept

2017 ◽  
pp. 37-45 ◽  
Author(s):  
Markus Kotzur
Keyword(s):  
Legal Concept

KONSTITUSI EKONOMI SYARIAH DI INDONESIA

2017 ◽  
Vol 11 (2) ◽  
pp. 161-74
Author(s):  
Syaugi Syaugi
Keyword(s):  
Economic System ◽  
Legal System ◽  
The State ◽  
Economic Life ◽  
Legal Concept ◽  
Economic Law ◽  
National Economic ◽  
Economic Ideology

    As a constitution, the Indonesian Constitution of 1945 regulates how the national economic system should be arranged and developed. In the perspective of constitution, the implementation of sharia economy does not mean the state directs a particular economic ideology. Philosophically, the ideals of Indonesian economic law is to initiate and prepare the legal concept of economic life. Shariah economy has a strong foundation both formally shariah and formallyconstitution. Formally shariah means the existence of shariah economy has a strong foundation in Indonesian legal system. Formally constitution means, in the context of the state, Shariah economy has a constitutional basis. The existence of laws relating to shariah economy shows that the Indonesian economic system givesa place to the shariah economy.

The Riddle of Freedom

2018 ◽  
Author(s):  
David M. Lewis
Keyword(s):  
Power Relationships ◽  
Ancient Greek ◽  
Legal Concept ◽  
Personal Status ◽  
Asymmetrical Power

This chapter looks at the concept of freedom and its articulation in ancient Greek texts. It shows that in the Homeric period, the terminology of slavery and freedom was used only for personal status. In the centuries that followed, these terms were appropriated and applied metaphorically to a variety of asymmetrical power relationships. However, Greeks were able to maintain clear distinctions between slavery as a legal concept and slavery as a metaphor. The chapter concludes with critiques of the methods of M. I. Finley and R. Zelnick-Abramovitz, who do not make clear distinctions between law and metaphor when analysing this terminology, and whose methods have led to convoluted analyses of aspects of Greek slavery.

scholarly journals Misconception on the Authority Abuse of Power in the Law Enforcement against Corruption

2017 ◽  
Vol 13 (9) ◽  
pp. 51
Author(s):  
Sadjijono Sadjijono ◽  
Bagus Teguh Santoso
Keyword(s):  
Law Enforcement ◽  
Good Governance ◽  
Government Officials ◽  
Legal Concept ◽  
Abuse Of Power ◽  
Government Administration ◽  
The Absolute ◽  
The Law ◽  
The Government ◽  
Administrative Jurisdiction

Law No. 30/ 2014 on Government Administration brings the strength and the averment on the performance of the governmental functions which include executive, legislative, and juridical in order to provide the public services (bestuurzorg). Such regulation also aims to prevent and to eliminate any kinds of the maladministration done by the government officials/organs in implementing their functions so that good governance can be realized. In implementing their function, the government should rely on the useful performance (doelmatigheid) and the effectiveness (doeltreffenhgeid) according to the norms of each authority. It is a sophism when the ‘authority’ and/or the ‘competence’ mentioned under the Law No. 30/ 2014 on Government Administration are defined differently in the letterlijk gramatikal wet without associating those terms with an understanding of bevoegheid in an administrative legal concept. An idea that distinctively defines the term ‘competence’ as a right and ‘authority’ as a power is considered as an inconsistent idea, which may cause dualism and distortion in the common law enforcement reffering to the administrative law, particularly related to the concept of the authority abuse of power mentioned under the Law No. 31/ 1999 amended by the Law No. 20/ 2001 on deeds against corruption. As the result, when the notion of ‘authority abuse of power’ is defined as a right (as mentioned in article 1, subsection 5 jo. article 17, Law No. 30/ 2014 on Government Administration), it will be characterized into the absolute competence of the administrative jurisdiction, and when the notion of ‘authority abuse of power’ is defined as a power (as mentioned in article 3, Law No. 31/ 1999 on deeds against corruption), it will be characterized into the absolute competence of the corruption-act jurisdiction. Meanwhile, implementing the government’s ‘competence’ and/or ‘authority’ is characterized into one concept based on the norms of the authority power.

scholarly journals Brazilian nonprofit organizations and the new legal framework: an institutional perspective

2006 ◽  
Vol 10 (spe) ◽  
pp. 213-234 ◽  
Author(s):  
Mário Aquino Alves ◽  
Natália Massaco Koga
Keyword(s):  
Civil Society ◽  
Nonprofit Organizations ◽  
Social Benefit ◽  
Legal Framework ◽  
Civil Society Organizations ◽  
Institutional Perspective ◽  
Legal Concept ◽  
Brazilian Legislation ◽  
Organizational Inertia ◽  
The Impact

The purpose of this study is to understand the impact of the new Brazilian legislation regulating partnerships between the State and Civil Society (Nonprofit) Organizations between 1999 and 2002. The passing of Law No. 9790/99 - known as the Nonprofit Law - created the legal concept of Organizações da Sociedade Civil de Interesse Público - OSCIPs (Public Interest Civil Society Organizations). Based on an exploratory survey, this study, using the Institutional Theory, allowed the analysis of how older organizations (NGOs and traditional social benefit organizations) resisted to the adoption of the OSCIP standard due to organizational inertia, while acceptance of the model was greater among younger organizations, in a clear coercive and normative isomorphic development.

scholarly journals Igualdad y prohibición de discriminación: de 1978 a 2018 // Equality and prohibition of discrimination: from 1978 to 2018

2017 ◽  
Vol 1 (100) ◽  
pp. 125
Author(s):  
Fernando Rey Martínez
Keyword(s):  
Sexual Orientation ◽  
Legal System ◽  
Racial Equality ◽  
Strict Sense ◽  
Equal Opportunities ◽  
Classical Concept ◽  
Legal Concept ◽  
Direct Discrimination ◽  
Positive Discrimination ◽  
The Law

Resumen:A lo largo de los cuarenta años de vigencia de la Constitución de 1978, el tradicional derecho de igualdad se ha visto enriquecido por la emergencia de una nueva rama del ordenamiento jurídico: el Derecho Antidiscriminatorio. En el texto se traza la gramática conceptual de las nuevas categorías y su desarrollo jurisprudencial.El estudio analiza qué significa hoy la igualdad en sentido jurídico preciso, qué comprende la prohibición constitucional de no sufrir discriminación en general y también respecto de la igualdad entre mujeres y hombres, la igualdad étnico/racial, la igualdad de las personas con cualquier tipo de discapacidad o por motivos de orientación e identidad sexuales.Summary:1. Sense and scope of constitutional equality 1.1 Introduction: from the classical concept of equality to new anti-discrimination law. 1.2 The legal concept of equality. 1.3 Equality in (the content) of the law and equality before (or in application) the law. 1.4 «Formal» or «legal» equality and «real» or «opportunity» equality. 1.5 Discrimination by indifferentiation. 2. Equality and prohibition of discrimination in strict sense. 2.1 Equality of Treatment. 2.1.1 Direct discrimination or treatment. 2.1.2 Indirect or impact discrimination. 2.1.3 Discrimination wrong, hidden and by association. 2.1.4 Multiple Discrimination. 2.2 Equal Opportunities: positive actions and positive discrimination. 3. Discrimination by sex / gender 3.1 Situation of the problem and regulatory framework. 3.2 Relevant jurisprudence. 4. Discrimination by ethnicity / race. 5. Discrimination for disability. 6. Discrimination by sexual orientation and identity.Abstract:Throughout the forty years of validity of the 1978 Constitution, the traditional right of equality has been enriched by the emergence of a new branch of the legal system: Anti-Discriminatory Law. The text draws the conceptual grammar of the new categories and their jurisprudential development. The study analyzes what equality means in a precise juridical sense, which includes the constitutional prohibition against discrimination in general and equality between women and men, ethnic / racial equality, equality of persons with any type of disability or for reasons of sexual orientation and identity.

A Welcome Conversation: Toward a New Historiography of Intellectual Property

2018 ◽  
Vol 43 (03) ◽  
pp. 1113-1129
Author(s):  
Kali Murray
Keyword(s):  
Intellectual Property ◽  
Legal History ◽  
Social Practices ◽  
The Body ◽  
Property Law ◽  
Legal Concept ◽  
Narrative Structures ◽  
History Of ◽  
The Relationship ◽  
Insight Into

This essay considers what tools should be used to study the legal history of intellectual property. I identify three historiographical strategies: narration, contest, and formation. Narration identifies the diverse “narrative structures” that shape the field of intellectual property history. Contest highlights how the inherent instability of intellectual property as a legal concept prompts recurrent debates over its meaning. Formation recognizes how intellectual property historians can offer insight into broader legal history debates over how to consider the relationship between informal social practices and formalized legal mechanisms. I consider Kara W. Swanson's Banking on the Body: The Market in Blood, Milk and Sperm in Modern America (2014) in light of these historiographical strategies and conclude that Swanson's book guides us to a new conversation in the legal history of intellectual property law.

Assessment of Understanding by People Manifesting Mental Retardation: A Preliminary Report

1996 ◽  
Vol 83 (1) ◽  
pp. 187-192 ◽  
Author(s):  
E. M. Coles ◽  
T. T. Freitas ◽  
R. Tweed
Keyword(s):  
Mental Retardation ◽  
Construct Validity ◽  
Preliminary Report ◽  
Psychological Aspects ◽  
Psychometric Test ◽  
Legal Concept ◽  
Fitness To Stand Trial

An analysis of the psychological aspects of the legal concept of competency/fitness to stand trial draws attention to the central role of understanding. The rationale of certain basic requirements for the construct validity of a psychometric test of understanding in people with mental retardation is presented, and a test that meets those requirements is described.

Sign in / Sign up

Export Citation Format

Share Document