Erasmus and the Law

2011 ◽  
Vol 39 (2) ◽  
pp. 227-236
Author(s):  
Laurens Winkel
Keyword(s):  
Rule Of Law ◽  
Anti Semitism ◽  
The Face ◽  
The Law ◽  
Similar Vein

Erasmus is generally regarded as a model of tolerance and equanimity. As such, he very well could have an educational part to play in the ideology of equality and the non-discriminatory principle of our modern rule of law as embedded in Article 1 of the Dutch Constitution since 1983 which claims equality for all people on the Dutch territory. On the face of it, it would certainly seem worthwhile to examine whether Erasmus influenced the law of his age and might therefore also be relevant to views on the law of our present age. A closer look at this idealised view of Erasmus shows, however, that some qualifications are in order. It was not very long ago that some valid accusations of anti-Semitism were made against him: anti-Semitic statements were found in some of his letters. It should be noted that he is no exception in this: Luther, his contemporary, is also known to have made statements in a similar vein.

scholarly journals The Responsibility of Courts in Maintaining the Rule of Law: Two Tales of Consequential Judicial Self-Restraint

2021 ◽  
pp. 155-181
Author(s):  
Pál Sonnevend
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Constitutional Court ◽  
Court Decisions ◽  
The European Union ◽  
Constitutional Courts ◽  
The Rule Of Law ◽  
Legislative Power ◽  
The Face ◽  
The Law

AbstractModern constitutionalism is based on the paradigm that courts are inherently entitled and obliged to enforce the constitution of the respective polity. This responsibility of courts also applies in the context of the European Union to both the CJEU and national constitutional courts. The present chapter argues that in the face of constitutional crises the CJEU and the Hungarian Constitutional Court shy away from applying the law as it is to the full. The reasons behind this unwarranted judicial self-restraint are most different: the CJEU aims to avoid conflicts with national constitutional courts whereas the Hungarian Constitutional Court has been facing a legislative power also acting as constitution making power willing to amend the constitution to achieve specific legislative purposes or to undo previous constitutional court decisions. Yet both courts respond to expediencies that do not follow from the law they are called upon to apply. It is argued that rule of law backsliding requires these courts to abandon the unnecessary self-restraint and exploit the means already available.

scholarly journals Henry VIII, Rebellion and The Rule of Law

1981 ◽  
Vol 24 (3) ◽  
pp. 513-531 ◽  
Author(s):  
Steven G. Ellis
Keyword(s):  
Rule Of Law ◽  
Henry Viii ◽  
The Rule Of Law ◽  
Significant Difference ◽  
The Face ◽  
The Law

It has been traditional to regard the reaction of Henry VIII in the face of treason and rebellion as savage and extreme. Perhaps for this reason, historians for long considered it superfluous to examine in any detail what fate actually befell those who took up arms against their king. More recently, however, findings that relatively few persons were executed by Henry, despite the savagery of his reign, and that in general his bark was worse than his bite,1 have suggested that this question could profitably be pursued further. There seems, for instance, to be a significant difference between the 178 executions in the aftermath of the Lincolnshire rebellion and the Pilgrimage of Grace in 1536–7 and the rather larger number for which Elizabeth was responsible following the much less dangerous Northern Rising of 1569.2 Yet how these figures were achieved and what considerations shaped and determined the extent of the government's retaliation is much less clear. Perhaps the surviving evidence will not normally admit of answers to such questions, for it was not in the government's interests to disclose that external considerations might influence the enforcement or otherwise of the law. The manifestation of this fact was therefore inconvenient, but exceptionally such disclosures might be unavoidable.

KRIMINALISASI HAKIM DAN EKSISTENSI PRINSIP JUDICIAL INDEPENDENCE DALAM BINGKAI NEGARA HUKUM

2018 ◽  
Vol 2 (3) ◽  
pp. 325
Author(s):  
Muh Risnain
Keyword(s):  
Rule Of Law ◽  
Criminal Policy ◽  
Judicial Independence ◽  
Legal Policy ◽  
The Law ◽  
Quo Vadis

Legal policy throught criminalization of judge by the law are abuse of judicial indpence and threat of rule of law principle while regulate by the constitution. And it is shown that quo vadis of criminalization policy when drafting the law. To solve this problem, there are two step, firstly, House of representative and President as state organs who have authority to arrange the law must pay attention principle of judicial indepence and rule of law, second, reorientation of criminal policy. Keywords: Criminalization, Judicial Independence and Rule of Law.

LEGAL ESSENCE OF ANCIENT PROVERBS AND SAYS AND THEIR SOCIAL SIGNIFICANCE

2020 ◽  
Author(s):  
Angela Dranishnikova ◽  
Ivan Semenov
Keyword(s):  
Public Sphere ◽  
Rule Of Law ◽  
Social Significance ◽  
The Rule Of Law ◽  
The Public ◽  
Moral Standards ◽  
The Social ◽  
The Law ◽  
The Public Sphere ◽  
Status Position

The national legal system is determined by traditional elements characterizing the culture and customs that exist in the social environment in the form of moral standards and the law. However, the attitude of the population to the letter of the law, as a rule, initially contains negative properties in order to preserve personal freedom, status, position. Therefore, to solve pressing problems of rooting in the minds of society of the elementary foundations of the initial order, and then the rule of law in the public sphere, proverbs and sayings were developed that in essence contained legal educational criteria.

From the Law of Ransom to the Law of Release

2018 ◽  
Author(s):  
Will Smiley
Keyword(s):  
The State ◽  
Legal Tradition ◽  
The Face ◽  
The Law ◽  
New System

This chapter charts the “Law of Release,” a new system of rules that replaced the Law of Ransom. These rules were based on treaties signed from 1739 onward, but also on a variety of lesser agreements and unwritten understandings and the Islamic legal tradition. They were renewed frequently, and structured captivity as late as the 1850s. This chapter will explore the basic structures of the Law of Release—how captives were found, released, and sent home, and how slaveowners were convinced, coerced, or compensated to cooperate. I argue that while release was initially limited to Istanbul, and to the most visible captives, it extended both into elite households, and outward along the Ottoman corridors of power. This process tested the limits of the Ottoman state, forcing the state to cooperate with Russian officials for the benefit of both. They did so in the face of resistance from captors.

JEWISH IDENTITY IN THE FACE OF ANTI-SEMITISM

1998 ◽  
Vol 41 (3) ◽  
pp. 895-900
Author(s):  
ELISABETH ALBANIS
Keyword(s):  
Second World War ◽  
World War ◽  
Cambridge University ◽  
Anti Semitism ◽  
The Face ◽  
History Of ◽  
English Speaking ◽  
English Speaking World ◽  
Anti Jewish ◽  
Second World

A history of the Jews in the English-speaking world: Great Britain. By W. D. Rubinstein, Basingstoke: Macmillan, 1996. Pp. viii+539. ISBN 0-312-12542-9. £65.00.Pogroms: anti-Jewish violence in modern Russian history. Edited by John D. Klier and Shlomo Lambroza. Cambridge: Cambridge University Press, 1992. Pp. xx+393. ISBN 0-521-40532-7. £55.00.Western Jewry and the Zionist project, 1914–1933. By Michael Berkowitz. Cambridge: Cambridge University Press, 1997. Pp. xvi+305. ISBN 0-521-47087-0. £35.00.Three books under review deal from different perspectives with the responses of Jews in Western and Eastern Europe to the increasing and more or less violent outbursts of anti-Semitism which they encountered in the years from 1880 to the Second World War. The first two titles consider how deep-rooted anti-Semitism was in Britain and Russia and in what sections of society it was most conspicuous, whereas the third asks how Western Jewry became motivated to support the Zionist project of settlement in Palestine; all three approach the question of how isolated or intergrated diaspora Jews were in their respective countries.

PURPOSE, PRINCIPLES AND SPECIFIC FEATURES OF PROSECUTOR’S OFFICE LEGAL CREATION ACTIVITY

2021 ◽  
Vol 6 (10) ◽  
pp. 53-62
Author(s):  
Shoxrukhkhon Saidov ◽  
Keyword(s):  
Civil Rights ◽  
Rule Of Law ◽  
The Rule Of Law ◽  
Legal Space ◽  
The Law ◽  
Law Making

This article describes the specifics of the law-making process conducted by the prosecutor's office. The purpose and principles of the prosecutor's office's participation in this process have been studied scientifically and theoretically. Taking into account the high relevance of ensuring legality in the law-making process, opinions were expressed about the need for adequate regulation and organization of solving this task by the prosecutor's office at the level of law and legality. The participation of the prosecutor's office in law-making activities contradicts the needs of the population, the protection of human and civil rights and freedoms, ensuring the rule of law, promoting the formation of a unified legal space and improving legislation, ensuring consistency legal instructions, systematization of legislation, scientifically based analysis are aimed at reducing the influence of bureaucratic interests and preventing the inclusion of factors that generate corruption in normative acts and their projects

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