Instruments of Legal Power in the American Republic

2021 ◽  
pp. 341-369
Keyword(s):  
Legal Power

Property Rights, Fiduciary Duties, and the Control of Assets

2018 ◽  
Author(s):  
Aruna Nair
Keyword(s):  
Property Rights ◽  
Case Law ◽  
Property Right ◽  
Formal Structure ◽  
Fiduciary Duties ◽  
Legal Power ◽  
The Law ◽  
Fiduciary Relationships ◽  
Relationship Of

This chapter examines the law governing the availability of claims to traceable proceeds. It argues that the language used in the case law—which uses the terminology of property rights and of fiduciary relationships—cannot fully explain the law, since such claims are often available in the absence of fiduciary duties and are not available to holders of many types of property right. It argues that such claims instead presuppose a relationship of ‘control of assets’: where the defendant has a legal power to deal with some asset, correlating to a vulnerability to a loss of rights in that asset on the part of the claimant, and coupled with a duty not to exercise the power. It argues that relationships that have this formal structure also share normative characteristics that justify the subordination of defendant autonomy that has been shown to be at the heart of the tracing concept.

scholarly journals Absolute Properties of Arbitration Decision in Business Dispute Settlement Based on Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution Law Based on Justice Theory Perspective

2017 ◽  
Vol 4 (3) ◽  
pp. 296
Author(s):  
Aryani Witasari
Keyword(s):  
Legal Status ◽  
Dispute Settlement ◽  
Data Retrieval ◽  
Legal Authority ◽  
Literature Study ◽  
Theory Of Justice ◽  
Existing Problems ◽  
Legal Power ◽  
Legal Relationship ◽  
Alternative Dispute Settlement

Article 2 of Law Number 30 Year 1999 concerning Arbitration and Alternative Dispute Settlement indicates that dispute settlement or disagreement among parties in a certain legal relationship shall be the authority of the arbitration institution, if it has been agreed in an arbitration agreement. This research tried to criticize the concept of absolute nature of the arbitral decision in the settlement of business dispute in the perspective of the theory of justice. Method of data retrieval used in this research was by collecting literature study by studying data and analyzing the entire contents of library by linking to existing problems. The final and legally binding arbitral decision, if associated with Aristotle's corrective theory of justice, does not at all reflect the basic value of justice. This is indicated by not giving an opportunity for another party whose position is higher to correct the decision, whereas in the judicial system, the court as an ordinary court having legal status (legal statue) and legal authority (legal authority/legal power). Verdict the panel of judges can still be corrected through the usual remedies (appeals) and extraordinary reviews.

scholarly journals Penyelesaian Perkara Harta Warisan dan Harta Bersama dengan Prosedur Mediasi di Pengadilan Agama Badung (Nomor Perkara 0095/PDTG/2017/PABDG)

2021 ◽  
Vol 2 (1) ◽  
pp. 88-92
Author(s):  
I Kadek Leo Byasama Wijaya ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Puspautari Ujianti
Keyword(s):  
Islamic Law ◽  
Legal Certainty ◽  
Peace Agreement ◽  
Real Situation ◽  
Trial Process ◽  
Legal Power ◽  
Legal Problems ◽  
Surrounding Environment ◽  
Difference Of Opinion ◽  
Joint Property

Disputes over joint property mixed with inheritance Dispute resolution specifically means that in a dispute that occurs between a husband and wife there is a difference of opinion between the two parties because property can also refer to a dispute So that for this there is an imbalance of ownership and a policy is needed to equalize the position of both parties Based on the background of the problems that have been described several problems can be formulated as follows 1) How is the Legal Power of mediation in the trial process at the Badung Religious Court? 2) What are the procedures for distributing inheritance and collective assets according to the compilation of Islamic law? This type of research used here is a type of empirical research where this research is carried out on the real situation in a community or the surrounding environment with the aim of finding facts or existing legal problems The results of this study indicate that the legal power of mediation in the trial process at the Badung Religious Court namely with the peace deed the results of the peace agreement get legal certainty

Addressing the Legal Dimensionof Quantum Computers

2021 ◽  
Vol 1 (1) ◽  
pp. 52-59
Author(s):  
Valentin Jeutner
Keyword(s):  
Quantum Computing ◽  
Power Relations ◽  
Regulatory Action ◽  
Individual Autonomy ◽  
Quantum Computers ◽  
Legal Principles ◽  
Legal Power ◽  
Remarkable Manner

Quantum computers are legal things which are going to affect our lives in a tangible manner. As such, their operation and development must be regulated and supervised. No doubt, the transformational potential of quantum computing is remarkable. But if it goes unchecked the evelopment of quantum computers is also going to impact social and legal power-relations in a remarkable manner. Legal principles that can guide regulatory action must be developed in order to hedge the risks associated with the development of quantum computing. This article contributes to the development of such principles by proposing the quantum imperative. The quantum imperative provides that regulators and developers must ensure that the development of quantum computers: (1) does not create or exacerbate inequalities, (2) does not undermine individual autonomy, and that it (3) does not occur without consulting those whose interests they affect.

“Nero, the mustard!”

2020 ◽  
pp. 57-78
Author(s):  
Margaret Williamson
Keyword(s):  
Nineteenth Century ◽  
Cultural Capital ◽  
Early Nineteenth Century ◽  
Deep Knowledge ◽  
Legal Power ◽  
European Culture ◽  
New Meanings

This chapter considers the renaming of enslaved people in eighteenth- and nineteenth-century Jamaica. Using plantation records and narrative accounts, it focuses on the classical names that made up 10–15% of inventory listings. Those who renamed newly acquired slaves after powerful historical and mythological figures from antiquity added a cruel irony to the physical practices of enslavement. They also laid claim to the cultural capital of high European culture, while mocking those denied access to it. But their claim was bogus, resting on the physical and legal power to enslave rather than on any deep knowledge of antiquity. The claim to civilizational and racial purity that underpinned it was also undercut by new meanings, including the perceptions of the enslaved: deployed in the service of racial purity, Classics became creolized. The implications can be traced in an early-nineteenth-century Johnny Newcome print and in the fiction of Charles W. Chesnutt.

Plessy vs. Ferguson

2018 ◽  
Author(s):  
Whitney Borup
Keyword(s):  
United States ◽  
Supreme Court ◽  
United States Supreme Court ◽  
The United States ◽  
District Court ◽  
United States Supreme ◽  
Legal Decision ◽  
Court Judge ◽  
Legal Power ◽  
John Howard

Plessy vs. Ferguson is a legal decision made by the United States Supreme Court upholding the constitutionality of ‘separate but equal’ laws popular in the post-Civil War South. In June 1892 Homer Plessy, a man with one-eighth African blood, was arrested for violating Louisiana’s ‘equal but separate’ clause when he sat in a railway car designated for white passengers. Louisiana district court judge, Justice John Howard Ferguson, upheld the arrest, claiming a state had the legal power to regulate railroads operating within its borders.

Sign in / Sign up

Export Citation Format

Share Document