The People v. Nie Shubin (Intentional Homicide and Rape)—Fact-Finding and Application of Law in Criminal Retrial Procedure

2019 ◽  
pp. 33-45
Author(s):  
Yunteng Hu ◽  
Daohu Xia ◽  
Zhengping Yu ◽  
Yingshi Guan ◽  
Zhiyong Luo
Keyword(s):  
Application Of Law ◽  
The People ◽  
Fact Finding

Foreign Judges and Communal Authorities in the Legislative and Legal Space of Florence in the Second Half of the 14th Century

Istoriya ◽  
2021 ◽  
Vol 12 (9 (107)) ◽  
pp. 0
Author(s):  
Irina Krasnova
Keyword(s):  
Political Regimes ◽  
14Th Century ◽  
Abuse Of Power ◽  
Legal Norms ◽  
Application Of Law ◽  
The People ◽  
Legal Space ◽  
Critical Moments ◽  
Crisis Situations

The article attempts to consider the actions of two communal systems of power — foreign officials: the Podestà, the Captain of the People and the Executor of the Institutions of Justice, as well as communal structures formed in 1293 — the Signoria as part of the Priory, headed by the Honfalonier of Justice and the colleges of 12 good husbands and 16 gonfaloniers of companies, in a difficult period of changing political regimes in the second half of the 14th century. The main problem of the research is the practice of the application of law and power in the context of a relatively wide communal democracy, multi-power and frequent turnover of the Signoria (every 2 months). Before each composition of the Signoria, there was a temptation at critical moments not to apply legal norms, especially in the sphere of punitive jurisdiction, and not to use powers of authority to punish and suppress their fellow citizens. In this regard, the members of the Signoria especially needed foreign officials, whose importance increase d in crisis situations, which gave rise to dictatorial inclinations and abuse of power by the Podestà and the Captains of the People

scholarly journals A Study on Customer Awareness towards Pradhan Mantri Bharatiya Jnanaushadi Kendra’s with Reference to Shimoga

2021 ◽  
Vol 9 (1) ◽  
pp. 1-10
Author(s):  
H Manjula Bai
Keyword(s):  
Low Cost ◽  
Personal Income ◽  
Satisfaction Level ◽  
Generic Medicines ◽  
Descriptive Research ◽  
The People ◽  
Level Of Satisfaction ◽  
Successful Solution ◽  
People’S Perception ◽  
Fact Finding

This paper is designed to check Customer Awareness towards Pradhan Mantri Bharatiya Jnanaushadi Kendra’s. This study is finished to understand the knowledge, perception and attitude of individuals and patients towards generic medicines provided by the govt. At low cost through Jan Aushadhi Medical Stores, which supports and helps the people below the personal income. This helps to spot the problems faced by people and also helps to make your mind up and to relinquish solutions regarding the matter that, not every-one is aware of the schemes implemented by the govt. For the welfare of the people below the personal income. The successful solution is taking measures like campaigns, educating the people to form them more alert to the Jan Aushadhi Medical Store. The study target the degree of knowledge of individuals about Jan Aushadhi Medical Store, the people’s awareness of Jan Aushadhi Medical schemes, to understand the willingness of individuals to shop for generic medicines, to review the understanding and people’s perception on generic medicines, to study the satisfaction level of consumers towards quality, price, availability, accessibility, acceptability, affordability of those medicines and to understand about how the govt. Initiative measures reach among the people. For the study’s aim, the researcher has selected 50 respondents who are aware of the PMBJPK. Descriptive research methodology is employed to conduct the study. It includes survey and fact-finding inquiries of various kinds. It focused on the issues of the advantages availed from PMBJPK. All levels of shoppers were surveyed by using a questionnaire and also, the level of satisfaction or dissatisfaction from PMBJPK was studied. Finally, the detailed information about the advantages they had received was also considered... Finally, it attempts to supply suggestions to the purchasers to teach way more about PMBJPK.

Aurangzeb’s Law and Popular Politics

2020 ◽  
pp. 147-175
Author(s):  
Abhishek Kaicker
Keyword(s):  
Eighteenth Century ◽  
Urban Communities ◽  
Historical Record ◽  
Unintended Consequence ◽  
Popular Politics ◽  
Legal Intervention ◽  
Application Of Law ◽  
The People ◽  
Political Protests ◽  
The Relationship

The discourse of sovereignty enunciated at the Mughal court had no place for the participation of its subjects. Yet, by the early eighteenth century, political protests had become visible in the cities of the empire across the historical record. How did this come to be? This chapter shows how Aurangzeb’s discourse of sovereignty privileging of the application of law (sharīʿa) set the terms of the relationship between the king and his subjects. While such legal intervention was designed to impose discipline on a society populated by unruly elites and commoners, an unintended consequence was the creation of new avenues through which urban communities engaged the state: Whether around questions of “justice” in urban disputes, or protests against the prices of food, or the imposition of the poll tax, the people of the empire’s cities began to increasingly demonstrate a capacity to challenge the king in the terms of his own discourse of sovereignty.

Society and Justice in Colonial Brazil in the 17th and 18th Centuries

2020 ◽  
Author(s):  
Isabele de Matos Pereira de Mello
Keyword(s):  
Theory And Practice ◽  
Customary Law ◽  
Access To Justice ◽  
Long Distance ◽  
Great Capacity ◽  
Royal Power ◽  
Application Of Law ◽  
The People ◽  
The Social ◽  
The Universe

In early modern societies, the duty of enforcing justice was one of the principal tasks of the monarch. Judicial power could be exercised both directly by the monarch—the supreme magistrate—or by those he delegated it to—judges or his courts. In the vast territory of Portuguese America, different institutions were created to ensure access to justice, to help govern the people, to assist in long-distance administration, and to maintain control over the crown’s dominions. Ouvidorias-gerais, judges, and courts were established with their own institutional officials, intermixing lower- and higher-level jurisdictions and exercising justice over distinct territorial spaces. To understand the functioning of judicial institutions in colonial society, it is important to analyze the universe of magistrates, their careers, judicial practices, and complex relations in the social environment. Magistrates, as an important professional group recruited by the Portuguese monarchy, had multiple overseas possibilities. They could serve at the same time as representatives of royal power and allies of local groups. These men faced a colonial reality that allowed them a wide sphere of action, the exercise of a differentiated authority, and a privileged position as intermediaries between local elites and the king. Even though all magistrates were subject to the same rules of selection, recruitment, appointment, and promotion, the exercise of justice in the slaveholding society of Portuguese America demanded a great capacity for adaptation and negotiation, for the application of law in the mosaic of local judicial situations. Magistrates circulated in different spaces, creating and working in different judicial institutions in the difficult balance between theory and practice, between written law and customary law.

scholarly journals Commentary on Award on Jurisdiction and Admissibility of the Philippines-instituted Arbitration under Annex vii to the unclos: A Discussion on Fact-Finding and Evidence

2016 ◽  
Vol 2 (1) ◽  
pp. 96-128 ◽  
Author(s):  
He Tiantian
Keyword(s):  
Review Paper ◽  
General Rule ◽  
The Philippines ◽  
Arbitral Tribunal ◽  
Application Of Law ◽  
Guiding Principle ◽  
Evidence Evaluation ◽  
Fact Finding ◽  
Evaluation Of Evidence ◽  
The Unclos

The Arbitral Tribunal in the arbitration instituted by the Philippines against China has issued its Award on Jurisdiction and Admissibility. Juridical practices have something in common. The arbitral proceedings generally comprise two indispensable stages: findings of fact and application of law. The production, collection, and evaluation of evidence serve a particular purpose: they are meant to enable the adjudicative body to find facts. Thus, evidence is meant to prove or disprove facts. This review paper aims to discuss evidence and fact-finding process in the Award. As a general rule, international judges or arbitrators have wide discretion in the evaluation of evidence, but the guiding principle of the rules governing evidence should be the principle of fair trial. The problems of evidence evaluation and fact-finding revealed in the Award would be much serious at the merits stage, thus have negative implications for the Tribunal to deliver its decision impartially.

scholarly journals Reformasi zakat pertanian (Studi di dusun Jeblok desa Brudu kecamatan Sumobito kabupaten Jombang)

2019 ◽  
Vol 19 (2) ◽  
pp. 185-203
Author(s):  
Ilham Thohari ◽  
Moh. Makmun
Keyword(s):  
Islamic Law ◽  
Field Research ◽  
Rice Fields ◽  
Comparative Approach ◽  
Conceptual Approach ◽  
Interesting Phenomenon ◽  
Application Of Law ◽  
Agriculture Land ◽  
The People ◽  
The Cost

This research was motivated by the reveal of the phenomenon in Jeblok, Brudu Village, Sumobito District, Jombang Regency. In this village, the people object to the level of agricultural zakah that has to pay regarding the high costs of cultivating rice fields. It is interesting phenomenon whereas this village has a wide agriculture land for about 47, 48 acres. This was field research by using descriptive-analytic methods. This type of research was qualitative by applying a comparative approach between the case approach and the conceptual approach and the Maqashid Shari'ah approach. The results showed that the potential of agricultural zakat in Jeblok, Brudu Village, Sumobito District, Jombang Regency is very large. However, farmers argue about levels of agricultural zakah that must be paid. They feel that 5% and 10% are too burdensome because of the high cost of processing rice fields. Therefore, the people demand equal tariff between agriculture zakah level and trade zakah because both require capital to manage. In this case Islamic law is sociological-anthropocentric which is very concerned with aspects of the application of law within the scope of society. In general, the nature of Islamic law is elastic and not rigid, so that tariffs or levels of agricultural zakat which are very expensive (5% or 10%) can be changed to be more affordable for the community. Therefore, through the maqashid shari'ah approach, the level of agriculture zakah can be set into 2.5% following the level of zakah trade after deducting the cost of cultivating rice fields.

scholarly journals IMPLEMENTASI UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN KAJIAN KHUSUS HAK PEJALAN KAKI PERSPEKTIF HUKUM ISLAM

2018 ◽  
Vol 3 (2) ◽  
pp. 211
Author(s):  
Zetrie Andeka Muslimah
Keyword(s):  
Islamic Law ◽  
Road Traffic ◽  
Application Of Law ◽  
The People ◽  
The City ◽  
Made In

Abstract: It is known that Law Number 22 Year 2009 concerning Road Traffic and Transportation in the City of Bengkulu has not been implemented properly. Then, the application of Law Number 22 Year 2009 in Article 28 Paragraph 2 has not been properly implemented so that pedestrian rights have not been maximally given, and furthermore Law Number 22 Year 2009 concerning Road Traffic and Transport has been made in accordance with Islamic law where the manufacture is intended for the benefit of the people.Keywords: Pedestrians, Law Number 22 of 2009, benefit of the people, Islamic law

scholarly journals KONSEP KEPEMIMPINAN PEREMPUAN DALAM PANDANGAN ABDUR RAUF AS-SINGKILI

2021 ◽  
pp. 85-94
Author(s):  
Maulana Razali ◽  
Muhammad Mansur ◽  
Hanif Hanif ◽  
Muhajir Al-Fairusy
Keyword(s):  
Women's Leadership ◽  
Application Of Law ◽  
The People

Tarjuman Al-Mustafid is the first book of Tafsir 30 juz in the archipelago, which became a guide for the people of Aceh at that time. The Kingdom of Aceh Darussalam was founded in 1496-1903, ruling for 407 years. Of the royal leaders (sultans) there were four sultanates who led successively, and Abdur Rauf As-Singkili as Qadhi malik al'amin who was appointed by the first sultanah Sri Ratu Tajul Alam Safiatuddin johan sovereign in 1661. Abdur Rauf was appointed and give responsibility as Qadhi, advisor, and religious interpreter of the kingdom. What are his thoughts in his commentary book Tarjuman Al-Mustafid, is the interpretation of the verse about leadership influenced by royal politics? The author is interested in writing this theme to find out the interpretation of the verses of the Koran about leadership according to Abdur Rauf As-Singkili, and to know the concept of women's leadership according to Abdur Rauf As-Singkili. The results of the study prove that Abdurrauf's interpretation of the leader in QS. An-Nisa' verses: 19, 20, 34 and 58, are not influenced by royal politics. Abdurrauf does not interpret that a woman can be a leader. However, his activities in the kingdom with his position as Kadhi Malik Al 'Adil, Abdurrauf has the responsibility as an advisor to the Sultanah as well as the application of law in the Kingdom of Aceh Darussalam. he allowed a woman to be the leader. This can be seen in several events and his work. Abdurrauf issued a fatwa to challenge the campaign of the embodiments who wished to overthrow Sultanah's position, and in his book Miraatul Thulab in his preamble there is a commendation of Sultanah Safiatuddin, "A very great sultan and a very noble king, namely your Majesty Seri Sulthanah Tajul Alam Safiatuddin Syah Sovereign Dhillullah fi Nature

scholarly journals IMPLEMENTASI ASAS TANGGUNG JAWAB NEGARA SEBAGAI BENTUK PERLINDUNGAN HUKUM TERHADAP KERUSAKAN TERUMBU KARANG (Studi Kasus Kecelakaan Kapal MV Caledonian Sky di Raja Ampat)

Law Review ◽  
2018 ◽  
Vol 17 (3) ◽  
pp. 250
Author(s):  
Kristwan Genova Damanik
Keyword(s):  
Law Enforcement ◽  
Environmental Law ◽  
State Responsibility ◽  
Environmental Damage ◽  
Law System ◽  
Application Of Law ◽  
The People ◽  
Legal Sanctions ◽  
The Government ◽  
Legal Understanding

<em>In Law No.32/2009 on Environmental Protection and Management, the principle of state responsibility is one of the means of protecting pollution and/or environmental damage. The principle of state responsibility server to ensure the utilization of natural resources for the welfare of the people, both present and future generations.Normatively, laws and regulations regulate sanctions for perpetrators of environmental violations, but in the application of law there is unity of action (ego sectoral), so the dispute resolution becomes complicated<strong>. </strong>Inadequate legal understanding of the state’s affirmative officials results  in  constrained law enforcement, and well as regulated legal sanctions for officials who neglect to carry out the task of giving the impression the government is not serious about addressing environment violations.The various  weaknesses and obstacles in applying the principle of state responsibility in the environmental law system in Indonesia related to ship MV Caledonian Sky  accident is the core of research that poured  in this paper</em>

scholarly journals Clinical Legal Education—A Robust Instrument for Attainment of Justice: An Indian Perspective

2021 ◽  
pp. 097172182110307
Author(s):  
Ravindra Kumar Singh
Keyword(s):  
Legal Education ◽  
Real Life ◽  
Law Students ◽  
Legal Service ◽  
Application Of Law ◽  
Research Article ◽  
The People ◽  
Real Life Situation ◽  
Undergraduate Programme ◽  
Substantive Law

Legal education is to serve the purpose of creating well-versed and proficient professionals who can render the best legal service to the people and help them get justice. Moreover, it is also to produce law-abiding and well-informed citizens who can carry out their duties in their professional life (irrespective of the nature of profession) for maintaining the rule of law. Along with a very strong foundation of substantive law, law students must also be oriented to the application of law during their undergraduate programme. This goal is to be realized through clinical legal education (CLE), which was introduced with an aim of combining the theory with practice. It also helps inculcate a sense of social justice in law students, as they closely see the application of law in a real life situation; they realize how law benefits people; they get closely connected to the society; they learn professional ethics; they develop problem solving approach; they get immeasurable satisfaction and confidence in the power of law; and more particularly, they comprehend that law is the real robust instrument to ensure and secure inclusive justice in the society. CLE, thus, makes the legal education all-inclusive and wholesome by making law students the agents of social change and champions of justice. This research article argues that CLE is indispensable for the attainment of inclusive justice. It also gauges the state of CLE in India from this perspective. Lastly, the article offers a few convincing suggestions which need to be incorporated in the legal education framework of India in order to ensure the higher goal of attainment of inclusive justice in India.

Sign in / Sign up

Export Citation Format

Share Document