Recent Decisions Affecting the Law of Life Assurance

1938 ◽  
Vol 69 (2) ◽  
pp. 106-135
Author(s):  
Sydney Henry Levine
Keyword(s):  
Public Opinion ◽  
Good Reason ◽  
Legal Decisions ◽  
The Public ◽  
Life Assurance ◽  
Gradual Development ◽  
The Law

I should like to say first that I am extremely sensible of and greatly appreciate the honour that the Institute has done me by inviting me to submit this paper. In writing it I have felt throughout the difficulty that arises from the very different approach which a lawyer makes to legal decisions from that which an actuary may be expected to make. Cases interest me because of the niceties of construction they involve or of their subtle distinctions from other cases, or again because they mark the gradual development of the judicial mind in conformity with the public opinion of the preceding generation. To actuaries the interest of cases must primarily lie in their bearing on the practical problems of life assurance work. In discussing cases, therefore, I have felt that the reaction of readers will be sometimes that I have been labouring a decision that was obvious from the start, at others that the point at issue is obsolete because no company has had such a condition in its policies for the last ten years or for some equally good reason. Knowing next to nothing of life assurance practice, I have been unable to avoid this defect, and can only ask that it be excused.

COVID-19 și posibilele apărări în dreptul internațional: ar putea forța majoră și schimbarea fundamentetnală a circumstanțelor să justifice neexecutarea obligațiilor internaționale?

2020 ◽  
Vol 2020 (2020) ◽  
pp. 186-202
Author(s):  
Ion GÂLEA ◽  
Keyword(s):  
Public Opinion ◽  
International Law ◽  
Common Sense ◽  
Prima Facie ◽  
Fundamental Change ◽  
The Public ◽  
Force Majeure ◽  
International Obligations ◽  
International Responsibility ◽  
The Law

The study examines possible defences that States could invoke in order to justify or excuse measures designed to respond to the COVID-19 crisis, which prima facie might not be in conformity with certain international obligations. The study examines only defences available in general international law – beside certain exceptions that might be provided by the clauses of the respective treaties. Two grounds for suspending international obligations, stemming from the law of treaties – impossibility of performance and rebus sic stantibus – and three circumstances precluding wrongfulness, stemming from the law of international responsibility – force majeure, distress and state of necessity – are subject to examination. The study argues that, even if “common sense” might draw the public opinion towards the plausibility of invoking force majeure, impossibility of performance or fundamental change of circumstances, such a conclusion does not reflect general international law. In reality, the “best candidate” as a justification or excuse is distress, while the “second best candidate” might be represented by the state of necessity.

scholarly journals Analisa Terbentuknya Negatif Opini Publik Undang-Undang Cipta Kerja di Provinsi Kalimantan Selatan

2021 ◽  
Vol 16 (1) ◽  
pp. 43-50
Author(s):  
Irwansyah ◽  
Ahmad Alvin Ferdian ◽  
Zulfiana Enni Rizqa ◽  
Muzahid Akbar Hayat
Keyword(s):  
Public Opinion ◽  
Job Creation ◽  
Qualitative Approach ◽  
Community Leaders ◽  
Religious Leaders ◽  
The Public ◽  
Public Figures ◽  
The Law ◽  
The Government ◽  
Almost All

The Job Creation Act which was ratified on 5 October 2020 was met with the agitation of rejection in the form of demonstrations in almost all parts of Indonesia. There are many misunderstandings in the interpretation of this law, one of which is the assumption that the law will harm workers and society. This study aims to identify the causes of negative public opinion on the Job Creation Act, what forms of socialization are carried out by the government, and how the public gets information about the law. This research uses a qualitative approach. The data was taken through a questionnaire distributed to 22 respondents who were randomly selected from the Job Creation Act demonstrators in November 2020 in front of the DPRD Building of South Kalimantan Province. The results showed that respondent’s negative opinion on the Job Creation Act was caused by a lack of knowledge about the contents of the law and the lack of government socialization to the public. The strategy that can be taken by the government to create positive public opinion is to involve community groups, students, public figures, religious leaders, community leaders, and influencers as communicants or messengers in the socialization of the Job Creation Act.

scholarly journals Al-Aslu Fi Al-Asyya’ Baina Al-Ibahah Aw Al-Hazr: Pemakaiannya dalam Keputusan Muzakarah Jawatankuasa Fatwa Majlis Kebangsaan Bagi Hal Ehwal Ugama Islam Malaysia

2018 ◽  
Vol 13 (1) ◽  
pp. 1-15
Author(s):  
Mushaddad Hasbullah ◽  
Zulfaqar Mamat ◽  
Mohamad Zaharuddin Zakaria
Keyword(s):  
Main Argument ◽  
Legal Decisions ◽  
The Public ◽  
Food And Beverage ◽  
The Law

This study attempts to expose the problem of the origin of a matter which has no clear and detailed argument whether it is illegal or necessary, as the jurists have disputed about this, where some of them have made al aslu fi al-asyya al-ibahah as a legal maxim used in their school, and some others use the al-asl fi al-asyya al-hazr as a maxim. The author tries to clarify the disputes among the scholars on the matter with the arguments and the opinion of the rulers. The writer also considers the application of this maxim in MJFK, which shows that its application is more focused in the law of food and beverage. The study also found that this method was not used as the main argument but simply as an argument supporting the main argument. It is hoped that this study will provide a new exposures to the public on the use of al aslu fi al-asyya al-ibahah in making legal decisions. Keywords: Legal maxim, MJFK decision. ABSTRAK: Kajian ini cuba mendedahkan permasalahan mengenai asal sesuatu perkara yang tidak mempunyai dalil yang jelas dan terperinci samada ianya haram ataupun harus, ini kerana para fuqaha’ telah berselisih pendapat mengenai perkara ini, di mana sebahagian daripada mereka telah menjadikan al aslu fi al asyya’ al ibahah sebagai satu kaedah fiqhiah yang digunapakai dalam mazhab, dan sebahagian yang lain menggunakan kaedah al aslu fi al asyya’ al hazr. Penulis cuba menjelaskan perselisihan ulama mengenai perkara tersebut beserta dengan dalil-dalil dan pendapat yang rajih. Seterusnya penulis menilai pemakaian kaedah ini dalam MJFK, dimana ia menunjukkan pengaplikasiannya lebih tertumpu dalam bab hukum berkaitan makanan dan minuman. Kajian juga mendapati kaedah ini bukan digunakan sebagai dalil utama sebaliknya hanya sebagai hujah yang menyokong dalil utama tersebut.   Adalah diharap agar kajian ini akan dapat memberi satu pendedahan baru kepada masyarakat tentang penggunaan kaedah al aslu fi al asyya’ al ibahah dalam pembuatan sesuatu keputusan hukum. Kata kunci: Kaedah fiqhiah, Keputusan MJFK

¿Sería constitucional el referéndum vasco?

2009 ◽  
pp. 15
Author(s):  
Antonio Bar Cendón ◽  
Francesc de Carreras Serra ◽  
Marc Carrillo López ◽  
Enric Fossas Espadaller ◽  
José Antonio Montilla Martos ◽  
...  
Keyword(s):  
Public Opinion ◽  
Negotiation Process ◽  
The Political ◽  
Autonomous Community ◽  
The Public ◽  
The Law ◽  
Pais Vasco

Se aborda en esta encuesta el proceso e implicaciones de la aprobación por el Parlamento Vasco, en junio de 2007, de la Ley 9/2008, de convocatoria y regulación de una consulta popular al objeto de recabar la opinión ciudadana en la Comunidad Autónoma del País Vasco sobre la apertura de un proceso de negociación para alcanzarla paz y la normalización política.This paper analyses the process and implications of the Law 9/2008, approved by the basque parliament in june of 2007, about summons and regulation of a popular consultation in order to obtain the public opinion in the Autonomous Community of the Baeque Country about the decision of openning a negotiation process to reach the peace and the political normalization.

Law and Political Philosophy

2019 ◽  
Author(s):  
Jens Damgaard Thaysen
Keyword(s):  
Political Philosophy ◽  
Rule Of Law ◽  
Good Reason ◽  
The State ◽  
The Rule Of Law ◽  
The Public ◽  
Legal Coercion ◽  
The Future ◽  
The Law ◽  
Public Wrong

Modern states pursue most of their (domestic) ends by creating law and acting in accordance with the law they create. Moreover, many believe states ought to pursue most of their ends this way. If a state ought to do something, then chances are it ought to do it by creating, abolishing, changing, upholding, or enforcing some law. Therefore, almost any kind of political philosophy with bearing on what states should do has bearing on what law should be like. Justifying the legal proscription of some conduct involves more than just showing that citizens ought to refrain from that conduct. Legally restricting conduct is an exercise of coercion and must be justified as such. Criminal prohibitions in particular require special justification, as they are not only coercive but also commit the state to deliberately inflict the harm and stigma of punishment on some of its own citizens. Nevertheless, if the state must coerce its citizens, it ought generally to do so through a law that conforms to the rule of law. Law conforms to the rule of law if it is capable of guiding the citizens as they act and plan for the future. This the law can do only if it is open, clear, prospective, and stable, such that citizens can know what it demands now and predict with reasonable certainty what it will demand in the future. Conformity to the rule of law promotes freedom and is required to respect human dignity. Much of the debate about the justification and scope of legal coercion revolves around several principles that advance claims about what considerations are relevant to the justifiability of law. These principles all have the following structure: The fact that a legal restriction of a certain kind is related in a certain way to a certain type of conduct has a certain impact on whether that restriction is justifiable. Common principles include (a) legal moralism, according to which it is always a good reason to criminalize conduct that the conduct is wrongful; (b) the wrongness constraint, according to which criminalizing morally permissible conduct is never justified; (c) liberalism, according to which it is always a good reason to criminalize conduct that the conduct is either harmful or seriously offensive to others, and criminalizing conduct that is neither harmful nor offensive is never justified; (d) the public wrong principle, according to which it is always a good reason to criminalize conduct that the conduct is a public wrong, and criminalizing conduct is never justified unless the conduct is a public wrong; (e) the sovereignty principle, according to which the only legitimate restrictions on conduct are those that secure independence. Which, if any, of these principles one should accept is the subject of an extensive and sophisticated academic debate.

Cotta and Napoleon: The French Pursuit of the Allgemeine Zeitung

1981 ◽  
Vol 14 (2) ◽  
pp. 91-109
Author(s):  
Daniel J. Moran
Keyword(s):  
Public Opinion ◽  
Good Reason ◽  
The Political ◽  
Political Arena ◽  
Old Regime ◽  
The Public ◽  
German Press ◽  
The Press ◽  
German Publisher ◽  
The One

In contrast to virtually every other aspect of Napoleon's German policy, his treatment of the German press has never been subject to much scholarly controversy. For good reason: on the one occasion when Napoleon had a German publisher entirely in his hands, he had him shot—an act whose simplicity, indeed finality, does not leave much room for quibbling as to details. The execution of J. P. Palm did not reflect Napoleon's entire policy; but it may serve as a reminder that, among the ruling personalities of Europe, it was the Emperor of the French who esteemed the power of the press most highly. Napoleon had seen an aroused nation first hand, and as the leader of Europe's first postrevolutionary society he brought to the regulation of public opinion a degree of determination unknown to the Old Regime. One of his first acts as First Consul had been to suppress most of the newspapers published in France, and he soon domesticated those that remained. His aim was not to expel public opinion from the political arena, but to remove it from the hands of the public, and to make it serve him. The same purpose guided his press policy in Germany. As the young Count Metternich noted in a dispatch from Paris, the new century would be “a century of words,” and Napoleon meant his word to be the last.

scholarly journals Public Opinion: Notion, Peculiarities and Role in the Law-making Process.

2020 ◽  
pp. 62-71
Author(s):  
Tarakhonych Tetiana
Keyword(s):  
Public Opinion ◽  
Opinion Formation ◽  
Internal Factors ◽  
The Public ◽  
Spheres Of Influence ◽  
Temporal Features ◽  
Public Consciousness ◽  
Basic Functions ◽  
The Law ◽  
Law Making

The article deals with the theoretical and practical issues of public opinion formation and development in the process of progressive changes of Ukrainian society and state. The article underlines that the public opinion plays an important role in the law-making process. It is pointed out that the public opinion is an evaluative component of public consciousness, which is reflected in different forms of manifestation by means of sentiment, feelings, emotions, judgments concerning an object of knowledge and reflects a certain level of knowledge concerning certain phenomena, processes, facts, etc. The research characterizes the features of public opinion: public opinion is the evaluative side of social consciousness; directed to a certain object of cognition; it is reflected in certain forms of manifestation; characterized by information saturation; has certain spheres of influence; it is characterized by inherent spatial and temporal features; it has the ability to influence the consciousness and practical activities of various actors, to determine their social behavior; it has a certain structure, emotional, cognitive and strong-willed components, and preference is given to those that are dominant in nature and induce to the action. The author underlines that most scholars tend to separate the rational, emotional, and strong-willed manifestation of public opinion. The structural components of public opinion are defined and characterized, namely: subjects, object, content. It is noted that the object of public opinion is events, actions, facts, phenomena of public life, which are directed by the public opinion. The subjects of public opinion are members of society, a certain community, a group, etc., endowed with consciousness and will, able to show their attitude to the object of cognition. It is also pointed out that the content aspect of public opinion is those feelings, emotions, judgments, actions that facilitate of the realization of interests and needs of public opinion subjects. It states that in the public opinion`s mechanism of actions the interests and needs are important, which are constantly changing. The article emphasizes that the external and internal factors affect the substantive and essential nature of public opinion. The functional focus of the public opinion is defined and it provides the opportunity to determine and characterize such basic functions of public opinion as: expressive, control, directive, cognitive, informational, prognostic, etc.

scholarly journals Reforming of the Judicial System of Kosovo based on the Law no. 03/L-199 on Courts and its challenges

2014 ◽  
Vol 4 (1) ◽  
pp. 249
Author(s):  
Dr.Sc. Azem Hajdari ◽  
MSc. Shpresa Ibrahimi ◽  
MSc. Albulena Hajdari
Keyword(s):  
Public Opinion ◽  
Comparative Method ◽  
Judicial System ◽  
The Public ◽  
Historical Method ◽  
Analysis And Synthesis ◽  
The Law ◽  
The Republic

Law no. 03/L-199 on Courts1 represents a law of significant importance which regulates the organisation, functioning and jurisdiction of courts of the Republic of Kosovo. This law has made numerous reforms in the judicial system of the country. It has set the bases of a modern and sustainable judicial system. In fact the Law on Courts in addition to having changed the judiciary of Kosovo in the aspect of organisation, it has opened the paths in the aspect of ensuring an efficient functioning thereof. Moreover, this law has repealed the application of the Law of former SAP of Kosovo on Regular Courts which in some aspects did not correspond to the trends of contemporary developments in this field. Law on Courts in its solutions embeds the bases of an independent and impartial justice, further on being multiethnic, non-discriminatory, efficient and in principle having an advanced approach of the opportunity for the public opinion to follow the judicial activities. Consequently, within this work, the background of the development of judicial system in Kosovo shall be discussed, some aspects of its reforming and challenges currently the judicial system of the country faces.In the course of preparation of this work, legal-historical method has been applied, the dogmatic method too, method of comparison and the method of analysis and synthesis. Through the legal-historical method, the manner of organisation and activity of the judicial system in Kosovo has been reflected covering the time of Turkish rule up to 2013 basing it on the laws and the Albanian customary law.The dogmatic method has helped on reflecting the manner of organisation and activity of the judicial system in Kosovo, viewing it in the context of regulating these matters through the Law on Courts presently applicable.The comparative method has reflected the features of the new judicial system in Kosovo and a comparison has been undertaken to the characteristics of earlier judicial system. The method of analysis and synthesis has been applied to elaborate in detail specific articles of the Law on Courts, they were commented and in some cases concrete proposals have been given for solution, considered as advanced.

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