‘Legalizing’ the family: disputes about marriage, paternity and divorce in Algerian courts (1963–1990)

2001 ◽  
Vol 16 (2) ◽  
pp. 243-261 ◽  
Author(s):  
BETTINA DENNERLEIN
Keyword(s):  
Supreme Court ◽  
Dynamic Process ◽  
Family Law ◽  
Legal Regulation ◽  
The Other ◽  
Modern State ◽  
Court Cases ◽  
The Family ◽  
The One ◽  
Shed Light

This article is devoted to an analysis of Algerian court cases. It focuses on family law in practice, in order to shed light on the disputed character of this realm of law and the ambiguity involved in its reform. The aim of the article is to question the assumption of an intrinsic opposition between the (traditional/Muslim) family on the one hand, and (modern) state law on the other. It will be argued that the legal regulation of the family, far from being simply imposed by the state, represents a dynamic process in which different actors with different interests and orientations partake. The material used consists mainly of decisions taken by the Algerian Supreme Court covering the period from 1963 (the year of the its creation) to 1990.

scholarly journals INDIVIDUAL LEGAL ACTS OF THE SUPREME COURT OF THE RUSSIAN FEDERATION ON FAMILY DISPUTES CONCERNING PROPERTY

Lex Russica ◽  
2020 ◽  
pp. 19-27
Author(s):  
O. N. Nizamieva
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Family Law ◽  
Legal Regulation ◽  
Legal Norms ◽  
Property Relations ◽  
The Supreme Court ◽  
The Family ◽  
Lower Courts ◽  
The Russian Federation

The article has analyzed the jurisprudence of the Supreme Court of the Russian Federation on family disputes that involve property issues, revealed features of implementation of functions of the highest court in this field. First, it is stated that the Supreme Court of the Russian Federation reviews decisions of lower courts mainly in cases where the application of family law rules is contradictory and unsettled. It is necessary to fill in a gap in family law, to resolve conflicts between certain legal norms, to choose between several possible interpretations of the law. Second, the judicial panels of the Supreme Court of the Russian Federation, making a determination on a particular case, clarify the meaning of legal norms, and sometimes under the guise of interpretation in fact correct ill-considered or outdated norms of family law. Third, the High Court reviews cases where there is a typical and widespread error in the application of a very clear and defined rule. Fourth, in individual legal acts it is possible to observe the concretization or change of the previously designated legal stances while maintaining the legislative rules in the same form. Using certain examples of cases considered by the Supreme Court of the Russian Federation on family disputes concerning property, the paper has demonstrated the mechanism of possible transformation of abstract, non-personified and doctrinally oriented provisions contained in the definitions of judicial boards of the Supreme Court to general legal regulators. The author has determined certain problems of legal regulation of property relations in the family that have not been settled by the Supreme Court of the Russian Federation.

scholarly journals Prawnokarna ochrona prawidłowego funkcjonowania rodziny

2020 ◽  
pp. 367-380
Author(s):  
Krystyna Szczechowicz
Keyword(s):  
Criminal Law ◽  
Family Law ◽  
Criminal Code ◽  
The Other ◽  
Law System ◽  
The Family ◽  
The One

This article deals with the issue of the scope of protecting marriage and the family in the Polish criminal law system. The family is subject to Chapter 16 of the Polish Criminal Code, which is entitled “Crimes against family and guardianship”. The chapter’s title indicates that family and care are the legal generic good protected by the provisions it contains. However, the legislator’s actions are restrained so as not to interfere too much in the functioning of a family, on the one hand, while, on the other, providing protection for its members. The problem also involves the emotional bond between the perpetrator and the victim, which in many cases leads to non-disclosure of the fact of committing a crime. Criminal law is, in many cases, intended to strengthen civil and family law regulations.

Penal Regimes of Political Delinquency

2016 ◽  
Author(s):  
Nitzan Shoshan
Keyword(s):  
Legal Regulation ◽  
The Other ◽  
Right Wing ◽  
Court Cases ◽  
Affective States ◽  
Legal Texts ◽  
The One ◽  
Right Wing Extremism

This chapter examines the juridical production of what it calls “political delinquency,” a figure that condenses irresolvable contradictions between forceful taboos on the one hand and liberal law on the other. Drawing on ethnographic materials, legal texts, and court cases, the chapter shows that the production of political delinquency, including that of young right-wing extremists, ultimately rests on hermeneutical procedures that appeal to affective states in general and hate in particular. It asks a number of questions, such as how the legal banning of right-wing extremism tallies with the constitutional prohibition of censorship, or what assumptions about symbols, their users, and the context of their deployments underpin the interpretative frameworks under which law regulates nationalism and xenophobia in Germany. It also considers denazification in juridical institutions and practices, ambiguities in interpreting legal codes as well as symbols/signs, and mechanisms of legal regulation.

The Factor Structure of Medical Tourist Satisfaction: Exploring Key Drivers of Choice, Delight, and Frustration

2021 ◽  
pp. 109634802098727
Author(s):  
Josip Mikulić ◽  
Damir Krešić ◽  
Maja Šerić
Keyword(s):  
Medical Tourism ◽  
The Other ◽  
Decision Making Process ◽  
Tourist Satisfaction ◽  
Tourism Experience ◽  
Key Drivers ◽  
The One ◽  
Medical Tourist ◽  
Shed Light ◽  
Three Factor

The current study intends to contribute to a better understanding of the medical tourism experience. In particular, this study uses data from a survey-based study conducted on a sample of 1,209 medical tourists in Croatia. On the one hand, this study aims to explore and shed light on the decision-making process of medical tourists, and, on the other hand, to reveal which elements of both the medical institution and the destination where it is located, have largest potentials to drive medical tourist delight and/or frustration, in accordance with the three-factor theory of customer satisfaction.

scholarly journals Burnout in Professional Caregivers and Quality of Life in Institutionalized Center Residents

2013 ◽  
Vol 4 (1) ◽  
pp. 41-53
Author(s):  
Juan P. Martínez ◽  
Inmaculada Méndez ◽  
Esther Secanilla ◽  
Ana Benavente ◽  
Julia García Sevilla
Keyword(s):  
Quality Of Life ◽  
Ad Hoc ◽  
Maslach Burnout Inventory ◽  
The Other ◽  
People With Dementia ◽  
Professional Caregiver ◽  
The One ◽  
Shed Light ◽  
Professional Accomplishment

Starting from previous studies in professional caregivers of people with dementia and other diseases in institutionalized centers of different regions, the aim of this study was to compare burnout levels that workers present depending on the center, to create a caregiver profile with high professional accomplishment and to describe the quality of life that residents perceive Murcia and Barcelona. The instruments used were the Maslach Burnout Inventory (MBI), the Professional Caregiver Survey developed ad hoc and the Brief Questionnaire of Quality of Life (CUBRECAVI in Spanish) on residents. The results show, on the one hand, that levels of professional accomplishment may be paradoxically higher in the case of catastrophe and, on the other hand, the 98.2% of users are satisfied with the residence in which is located and 81.8% with the manner in which occupy the time. The conclusions that are extrapolated from the study shed light on the current situation of workers and residents and the influence that an earthquake can have on them.

الأمر بالعشرة بالمعروف في القرآن الكريم وأثره على العلاقات الأسرية

2021 ◽  
pp. arabic cover-english cover
Author(s):  
علي عبد العزيز سيور
Keyword(s):  
Analytical Approach ◽  
Family Relations ◽  
Good Practice ◽  
Family Relationship ◽  
Knowledge System ◽  
The Other ◽  
Legal Text ◽  
The Family ◽  
The Relationship ◽  
Shed Light

يجيب البحث عن إشكالية تتعلق بالعلاقات الأسرية من جهة الاحتكام للأعراف في النفقة والمسكن والملبس وغيرها، مما يترتب على ذلك خلافات تفضي ببعضها إلى المحاكم، وقد تنتهي بالطلاق. وقد هدف البحث إلى : 1 ـ تقديم منظومة معرفية متعلقة بدلالات العشرة بالمعروف من أجل الإسهام في إعادة تشكيل عقلية ناضجة للزوجين تضبط العلاقة بينهما عند الخلاف. 2 ـ تسليط الضوء على أبعاد وحدود المعروف نصًا والمعروف عرفًا في الأسرة. 3 ـ التأكيد على أن العشرة بالمعروف متبادلة بين كل من الزوج والزوجة، لا يقتصر هذا التكليف على واحد دون الآخر. وقد اعتمدت المنهج الاستقرائي عبر جمع الايات القرآنية ذات الصلة وذكر أقوال المفسرين والفقهاء، والمنهج التحليلي في فهم دلالات الألفاظ وتوجيهات المفسرين، والمنهج الاستنباطي بغية الوصول إلى ضوابط جامعة تخدم الهدف العام للبحث، وانتهى البحث إلى مجموعة من النتائج والتوصيات ومنها: اعتبار العرف الذي لا يخالف نصًا شرعيًا قاعدة من القواعد المعتبرة في ضبط العلاقات بين الزوجين. بشرط أن يقع تحت قدرة الزوج وطاقته، وأن يكون مما انتشر بين الناس، وينطبق على الأسرة مثله. القرآن الكريم ـ العشرة بالمعروف – العلاقة الأسرية – الحقوق بين الزوجين – العرف وأثره بين الزوجين. Summary The research answers a problem related to family relations in terms of resorting to customs in alimony, housing, clothing, and others...which results in disputes that may lead to some of them in the courts and may end in divorce. The aim of the research was to 1 - presenting a knowledge system related to the semantics of the good-natured in order to contribute to reshaping a mature mentality of the spouses that controls the relationship between them in the event of disagreement. 2 - and to shed light on the dimensions and limits of what is textually known and what is known by convention in the family. 3 - Emphasis on that good practice is mutual. Between both husband and wife, this assignment is not limited to one without the other. The inductive approach was adopted by collecting the relevant Qur’anic verses and mentioning the sayings of the commentators and jurists, the analytical approach in understanding the semantics of the words and the directives of the interpreters, and the deductive approach in order to reach comprehensive controls that serve the general objective of the research, and the research ended with a set of results and recommendations, including: Considering the custom that does not contradict A legal text is one of the considered rules in controlling relations between spouses. Provided that it falls under the husband’s ability and energy, and that it is something that has spread among people, and applies to the family like him. The Noble Qur’an - Ten Laws - Family Relationship - Rights between spouses - Custom and its effect between spouses.

scholarly journals Evolution in the Brain, Evolution in the Mind: The Hierarchical Brain and the Interface between Psychoanalysis and Neuroscience

2017 ◽  
Vol 19 (3) ◽  
pp. 349-377
Author(s):  
Leonardo Niro Nascimento
Keyword(s):  
Brain Evolution ◽  
The Other ◽  
Common Source ◽  
Evolutionary Models ◽  
Anatomy And Physiology ◽  
Psychodynamically Oriented ◽  
The One ◽  
The Mind ◽  
The Brain ◽  
Shed Light

This article first aims to demonstrate the different ways the work of the English neurologist John Hughlings Jackson influenced Freud. It argues that these can be summarized in six points. It is further argued that the framework proposed by Jackson continued to be pursued by twentieth-century neuroscientists such as Papez, MacLean and Panksepp in terms of tripartite hierarchical evolutionary models. Finally, the account presented here aims to shed light on the analogies encountered by psychodynamically oriented neuroscientists, between contemporary accounts of the anatomy and physiology of the nervous system on the one hand, and Freudian models of the mind on the other. These parallels, I will suggest, are not coincidental. They have a historical underpinning, as both accounts most likely originate from a common source: John Hughlings Jackson's tripartite evolutionary hierarchical view of the brain.

Transverse dam-break waves

2014 ◽  
Vol 758 ◽  
Author(s):  
S. Karimpour Ghannadi ◽  
Vincent H. Chu
Keyword(s):  
Froude Number ◽  
Flow Rate ◽  
Main Flow ◽  
Dam Break ◽  
The Other ◽  
Water Diversion ◽  
The Family ◽  
The One ◽  
Limiting Case ◽  
The Waves

AbstractNumerical simulations of the transverse dam-break waves (TDWs) produced by the sudden removal of a gate on the side of a waterway are conducted based on the shallow-water equations to find solutions to a family of water-diversion problems. The Froude numbers in the main flow identify the members of the family. The depth and discharge profiles are analysed in terms of Ritter’s similarity variable. For subcritical main flow, the waves are comprised of a supercritical flow expansion followed by a subcritical outflow. For supercritical main flow, on the other hand, the waves are analogous to the Prandtl–Meyer expansion in gas dynamics. The diversion flow rate of two-dimensional TDWs on a flat bed is 55 % greater than the one-dimensional flow rate of Ritter in the limiting case of zero main flow, and approaches the rate of Ritter in the other limit when the value of the Froude number in the main flow approaches infinity. The diversion flow rate over a weir is generally higher than the rate over a flat bed depending on the Froude number of the main flow. These numerical simulation results are consistent with laboratory observations.

W. Cameron Forbes in the Philippines: A Study in Proconsular Power

1966 ◽  
Vol 7 (2) ◽  
pp. 74-92 ◽  
Author(s):  
Robert M. Spector
Keyword(s):  
Civil War ◽  
Ralph Waldo Emerson ◽  
Family Firm ◽  
The Philippines ◽  
Turn Of The Century ◽  
The Other ◽  
The Family ◽  
The One

On his mother's side, W. Cameron Forbes was the grandson of Ralph Waldo Emerson, and on his father's, the grandson of John Murray Forbes, who made his fortune in the China clipper trade. He carried in his heredity the shrewd business ability of the one and the liberalism of the other. In Hofstadter's turn of phrase, he was the patrician as liberal. His wealth, his education — the best available (Milton Academy, Hopkinson School, Harvard) — would have entitled him to admittance to the innermost recesses of post-Civil War Republicanism. Yet he remained at best only affiliated with that party, and at heart an outspoken Independent. In 1892, on graduation from Harvard, he joined Stone and Webster, later gained experience in business as officer and director of several Boston banks, and then, just before the turn of the century, joined the family firm of J. M. Forbes and Co., Merchants.

scholarly journals Some Observations on Psychopathy

1966 ◽  
Vol 11 (2) ◽  
pp. 132-139
Author(s):  
Donald J. Mcculloch
Keyword(s):  
Antisocial Behaviour ◽  
Convincing Evidence ◽  
The Other ◽  
Treatment Programs ◽  
Human Being ◽  
The Family ◽  
The One ◽  
Sexual Object ◽  
Socializing Agents ◽  
Identical Behaviour

There is no convincing evidence to support the view that antisocial behaviour can be accounted for by reference to concepts such as learning defect, immaturity or lack of moral fibre. The criminal displays behaviour towards authorities identical to that displayed by a patriot in an occupied country towards the enemy. This identical behaviour, it is asserted by some, shows in the one case instability, cowardice, lack of resolve and in the other case, stability, courage, resolve and strength of will. These statements reveal the attitudes and bias of the observer without illuminating the situation of the observed. It is more relevant to examine what the psychopath has learned and the conditions in which his learning took place than to pursue enquiries aimed at demonstrating a learning defect. The human being is born without the attitudes, beliefs and sentiments towards e.g. property, sexual object etc., which are necessary for his successful incorporation into his ongoing social group. It is the intention of society's socializing agents, the family and the school, to inculcate in the developing human being these necessary attitudes, sentiments and beliefs. Psychopathic personalities are the consequence of the socializing process gone wrong. This paper describes the types of psychopath together with the learning situations which brought them about. The implications for treatment programs are examined.

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