A killing in Tripoli (1843): principle and contingency and personal diplomacy

2005 ◽  
Vol 36 ◽  
pp. 59-77 ◽  
Author(s):  
C. R. Pennell
Keyword(s):  
Local Government ◽  
British Policy ◽  
The Law ◽  
The Individual ◽  
Personal Diplomacy ◽  
Increasing Impatience

AbstractThis article examines the trial in 1843 and 1844 of Giovanni Battista Caruana, a Maltese, for the murder of a Jew in Tripoli. He was found guilty but was not executed because the victim's impoverished wife agreed to accept compensation. The case took place against the background of the British government's increasing impatience with what they saw as uncontrolled Maltese and Ionian communities, leading to the enactment of the Foreign Jurisdiction Act of 1844. It also demonstrated the importance of the individual authority of the Consul, Hanmer Warrington, and the extent to which consuls' personal objectives and opinions weighed on the development of British policy, and the extent to which Warrington's concern to uphold the law coincided with that of the Pasha of Tripoli, so that the case led to a close identification between the local government and the British consular representative.

scholarly journals Sądowa ochrona praw jednostki pełniącej funkcję organu w samorządzie terytorialnym

2019 ◽  
Vol 17 (1) ◽  
pp. 21-31
Author(s):  
Monika Chlipała
Keyword(s):  
Local Government ◽  
The Law ◽  
The Individual ◽  
Judicial Protection ◽  
Second Category

The article refers to the issue of judicial protection of the rights of an individual acting as an organ (also a member of an organ) in the local government. The author presents two situations in which the judicial protection of these rights is important. The first includes cases where the individual violates the law, which leads to specific actions (e.g. confirmation of expiryof the mandate) and justifies the need to provide judicial protection. The second category includes situations in which the resignation from performing the function in the local government takes place, which – especially in the case of withdrawal of the statement of resignation – raises the need to provide judicial protection. The considerations presented in the article focus on the judicial protection of the rights of the individual in the proceedings before the administrative court.

Conscientious Objection (European and American approaches)

Law and World ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 115-144
Keyword(s):  
Deep Understanding ◽  
Legal Protection ◽  
Legal Aspects ◽  
Conscientious Objection ◽  
State Regulation ◽  
Legal Responsibility ◽  
State Regulations ◽  
Conscientious Objectors ◽  
The Law ◽  
The Individual

The Article concerns the legal issues, connected with the situation, when a person (or group of people) disobey requirements of the Law or other State regulations on the basis of religious or nonreligious belief. The Author analyses almost all related issues – whether imposing certain obligation on individuals, to which the individual has a conscientious objection based on his/her religious beliefs, always represents interference with his/her religion rights, and if it does, then what is subject of the interference – forum integrum or forum externum; whether neutral regulation, which does not refer to religion issues at all, could ever be regarded as interference into someone’s religious rights; whether opinion or belief, on which the individual’s objection and the corresponding conduct is based, must necesserily represent the clear “manifest” of the same religion or belief in order to gain legal protection; what is regarded as “manifest” of the religion or other belief in general and whether a close and direct link must exist between personal conduct and requirements of the religious or nonreligious belief; what are the criteria of the “legitimacy” of the belief; to what extent the following factors should be taken into consideration : whether the personal conduct of the individual represents the official requirements of corresponding religion or belief, what is the burden which was imposed on the believer’s religious or moral feelings by the State regulation, also, proportionality and degree of sincerity of the individual who thinks that his disobidience to the Law is required by his/her religious of philosofical belief. The effects (direct or non direct) of the nonfulfilment of the law requirement (legal responsibility, lost of the job, certain discomfort, etc..) are relevant factors as well. By the Author, all these circumstances and factors are essencial while estimating, whether it arises, actually, a real necessity and relevant obligation before a state for making some exemptions from the law to the benefi t of the conscientious objectors, in cases, if to predict such an objection was possible at all. So, the issues are discussed in the prism of the negative and positive obligations of a State. Corresponding precedents of the US Supreme Court and European Human Rights Court have been presented and analysed comparatively by the Author in the Article. The Article contains an important resume, in which the main points, principal issues and conclusion remarks are delivered. The Author shows, that due analysis of the legal aspects typical to “Conscientious objection” is very important for deep understanding religious rights, not absolute ones, and facilitates finding a correct answer on the question – how far do their boundaries go?

Hobbes among the Classic Jurists

2018 ◽  
Author(s):  
David Boucher
Keyword(s):  
International Relations ◽  
International Law ◽  
The State ◽  
Law Of Nature ◽  
Law Of Nations ◽  
Complete Identification ◽  
The Law ◽  
The Individual ◽  
Hedley Bull ◽  
Hans Morgenthau

The classic foundational status that Hobbes has been afforded by contemporary international relations theorists is largely the work of Hans Morgenthau, Martin Wight, and Hedley Bull. They were not unaware that they were to some extent creating a convenient fiction, an emblematic realist, a shorthand for all of the features encapsulated in the term. The detachment of international law from the law of nature by nineteenth-century positivists opened Hobbes up, even among international jurists, to be portrayed as almost exclusively a mechanistic theorist of absolute state sovereignty. If we are to endow him with a foundational place at all it is not because he was an uncompromising realist equating might with right, on the analogy of the state of nature, but instead to his complete identification of natural law with the law of nations. It was simply a matter of subject that distinguished them, the individual and the state.

The Individual Conscience and the Law

1917 ◽  
Vol 27 (3) ◽  
pp. 317-333 ◽  
Author(s):  
Emile Boutroux
Keyword(s):  
The Law ◽  
The Individual

Appropriating Law in Harriet Beecher Stowe's Dred

2007 ◽  
Vol 62 (3) ◽  
pp. 380-406 ◽  
Author(s):  
Laura H. Korobkin
Keyword(s):  
North Carolina ◽  
Legal System ◽  
Slave System ◽  
Personal Beliefs ◽  
Great Dismal Swamp ◽  
Dismal Swamp ◽  
The World ◽  
The Law ◽  
The Many ◽  
The Individual

This essay investigates Harriet Beecher Stowe's interpolation of State v. Mann, a harsh 1829 North Carolina proslavery decision, into her 1856 novel Dred: A Tale of the Great Dismal Swamp. The essay argues that Stowe's use of State v. Mann continues a conversation about slavery that had been carried on through its text for many years in abolitionist writings. Bringing State v. Mann's circulation history into view shows Stowe engaging the antislavery establishment as well as the legal system, borrowing and imitating its techniques for handling proslavery materials. If her novel is infiltrated and structured by the many legal writings that it assimilates, its fictive world in turn infiltrates, interprets, and alters the significance of the writings she employs, so that proslavery legal writings are made to testify strongly against the slave system that they originally worked to maintain and enforce. Stowe's hybrid text dominates the law while smoothly assimilating it into an interpretive fictive context. Simultaneously, Stowe's typographical cues remind readers of State v. Mann's ongoing, destructive extratextual legal existence. By linking fictive context to legal content, Stowe's novel suggests that slave law must be read and interpreted as a unit that includes the individual suffering it imposes. Misreading State v. Mann as revealing its author's belief in the immorality of slavery, Stowe constructs a fictional judge who upholds slave law despite his personal beliefs. By absorbing, imitating, and besting the strategies and the reach of both legal and abolitionist writings, Dred implicitly stakes a claim for the superior power of political fiction to act in the world.

scholarly journals POLEMIK TENAGA KERJA INDONESIA SEBAGAI SUMBER DEVISA NEGARA (Problematika Tenaga Kerja Indonesia Dari Segi Islami)

2016 ◽  
Vol 1 (2) ◽  
pp. 59
Author(s):  
Heny Yuningrum
Keyword(s):  
Interest Rate ◽  
Local Government ◽  
Trading Activity ◽  
The Law ◽  
The Government

<p>The problem of TKI (Indonesian employment)to invite everyone beside TKI is one of many countries income resources. As countries income resource, TKI’s always got problem from the boss, local government, or the government TKI’s comes from. To overcome that problem the local government decided a regulation. But the law of TKI’s is not efektif. The problem are the wage, welfare life, the hardnessly, until dificullty job. Islam have Al-quran and Hadits, to finished many problem like TKI’s problem.<br /> If we know that they are human like us so hat problem not happened. The hardness of TKI’s still exist now. The hardness is number two From the data problematika of TKI. We must know the function of devisa are : to pay the trading activity, to pay import goods, to pay the consult, to pay the debt,to pay interest rate of credit, a.t.c.</p>

scholarly journals Commercial Appropriation of a Person's Image: Wells V Atoll Media (Pty) Ltd (Unreported 11961/2006) 2009 ZAWCHC 173 (9 November 2009)

2017 ◽  
Vol 14 (2) ◽  
pp. 181
Author(s):  
Steve Cornelius
Keyword(s):  
Modern Society ◽  
Commercial Exploitation ◽  
Business People ◽  
The Law ◽  
The Rich ◽  
The Individual ◽  
The Right

Our modern society has become transfixed with celebrity. Business people and marketers also endeavour to cash in on the popularity enjoyed by the stars and realise the value of associating merchandise or trademarks with the rich and famous. This leads to difficulties when the attributes of a person are apparently used without consent, which poses new questions to the law: should the law protect the individual against the unlawful use of his or her image? If so, to what extent should such protection be granted? These were some of the questions which the court had to answer in Wells v Atoll Media (Pty). The judgment in Wellshas redefined the right to identity and provided some clarity on what the infringement of that right would amount to. When the attributes of a person are used without consent, the right to identity can be violated in one of four ways. A person's right to identity can be infringed upon if the attributes of that person are used without permission in a way which cannot be reconciled with the true image of the individual concerned, if the use amounts to the commercial exploitation of the individual, if it cannot be reconciled with generally accepted norms of decency, or if it violates the privacy of that person.

scholarly journals Thermodynamic Aspects of Homeopathy

2020 ◽  
Author(s):  
Mihael Drofenik
Keyword(s):  
Thermodynamic Model ◽  
Healthy Person ◽  
Mass Action ◽  
Molecular Crowding ◽  
Science And Art ◽  
Healthy State ◽  
The Law ◽  
Definition Of ◽  
The Individual ◽  
Necessary And Sufficient

The well-known definition of disease, which Samuel Hahnemann presented in a tentative theory for his new science and art of healing, is used as the starting point for the thermodynamic model of homeopathy. The Le Chatelier principle was applied to the biochemical equilibrium compartmentalized in the individual human cells of an ill person to explain the curing based on the re-establishment of the starting equilibrium of a healthy person when using a remedy. It is revealed that a high dilution accompanied by succession is required to release the remedies to their constituent molecular species in order to increase their activity when taking part in the biochemical equilibrium that is essential for healing. In addition, a single remedy reaction-product species, when it is in excess, as well as satisfying the kinetic equilibrium, is a necessary and sufficient condition to force the new biochemical equilibrium in the direction of the basic original equilibrium associated with a healthy state. In addition, homeopathic aggravation is considered on the basis of the Law of Mass Action and the role of the small remedy concentration in some high-profile models is revisited. The second elementary law of homeopathy, the Law of the Infinitesimals, was explained based on a kinetic model. When a remedy occurs in the human cell of a healthy person and forms a reaction product (Simillimum) that induces the finest medical symptoms of an ill person, then remedies entering the cell of the ill person will form identical Simillimum molecules and re-establish the initial equilibrium of the healthy state and cure the ill person. However, this will also induce a molecular crowding in the cells of the ill person. For kinetic reasons, this will aggravate the re-establishment of the initial equilibrium and consequently worsen or even interrupt the medical treatment. At a low remedy concentration, the molecular crowding becomes negligible while the formation of the Simillimum and the re-establishment of the initial equilibrium will take place continuously and cure the person who is ill. The final understanding of the Simillimum in the thermodynamic model was illuminated and wide-opened its duality with the ill person’s key compound.

scholarly journals How is Privacy perceived in German Police Law?

MaRBLe ◽  
2019 ◽  
Vol 2 ◽  
Author(s):  
Jonas Bradtke
Keyword(s):  
Information Processing ◽  
Information Gathering ◽  
Personal Privacy ◽  
The Law ◽  
Future Policy ◽  
The Individual ◽  
Privacy Risks

By December 2018, Germany’s biggest state, North-Rhine Westphalia (NRW) introduced its revised police law (PolG NRW). The PolG NRW enables previously forbidden surveillance practices to combat terrorism in Germany. Discussion surrounding the PolG NRW revolved around surveillance practices enabled through the law. By using a privacy taxonomy, developed by Daniel J. Solove (2010) this thesis has categorised, analysed and evaluated six sections of the PolG NRW with regards to infringements upon privacy. This thesis (1) identifies potentially harmful activities for personal privacy within the PolG NRW and (2) chases back shortcomings to an incomplete understanding of privacy. Thereby, this thesis suggests that future policy crafting must consider processes that follow the collection of information as potentially harmful activities. By limiting privacy risks to information gathering, activities that belong to information processing and distribution remain largely unregulated, putting the individual at serious risk.

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