Consent in the law By Deryck Beyleveld and Roger Brownsword, Oxford: Hart Publishing, 2007. 406pp. ISBN 978-1-84113-679-0 £45.00 hardback

2008 ◽  
Vol 4 (4) ◽  
pp. 419-422
Author(s):  
William Lucy
Keyword(s):  
Valuable Contribution ◽  
Legal Doctrine ◽  
Fundamental Feature ◽  
Normative Power ◽  
The Law ◽  
Narrow Area

Deryck Beyleveld and Roger Brownsword’s new book provides an ambitious and thorough account of the role of consent in the law and, also, as a possible basis for law’s authority. Given only a slight familiarity with the previous work of its authors, the volume’s thoroughness and ambition will come as no surprise. The volume does, however, contain some surprises, two of which are particularly worth noting. One surprise, at least to those of us with our noses to the grindstone of a narrow area of legal doctrine, is the near ubiquity of consent in various areas of legal doctrine. The book serves a useful role just by reminding us of this. A second surprise is the complexity of the notion of consent itself, for Beyleveld and Brownsword are intent on determining the normative power of the notion, including the conditions under which that power can be realised, who can realise it and why it should be thought normatively significant. This, too, is a valuable contribution to our thinking about a fundamental feature of the juristic landscape.

scholarly journals Legitimization and Validity of Directives on Legal Interpretation on the Example of the Rule of Law Crisis in Poland

2020 ◽  
Author(s):  
Robert Piszko
Keyword(s):  
Rule Of Law ◽  
Traditional Approach ◽  
Main Role ◽  
Legal Interpretation ◽  
Legal Doctrine ◽  
The Rule Of Law ◽  
Research Material ◽  
The Law ◽  
Political Dispute

Abstract In case when the criteria for the validity of interpretative directives are not clearly defined and a political dispute arises, the dispute participant may refer to such interpretative directives, the use of which will determine the content of the law and determine the outcome of the political dispute. In this way a crisis of the legal order in Poland has occurred. Therefore, the aim of this article is to draw attention to the consequences of the undefined status of the directives of legal interpretation, the resulting need for legitimacy of the interpretation of the law, the role of legal views (legal doctrine) possible in this respect and the validation role of the interpretation custom in legal doctrine. The article consists of four parts. The first one describes the phenomena that have disrupted the traditional approach to the sources of law. The second part describes the traditional approach to the sources of the law. The third one proves that the traditional approach to the sources of law, in which the main role is fulfilled by normative acts, is incorrect, this part also indicates that the key role in this respect is played by spontaneous rules of law interpretation. The fourth part indicates the need to legitimize the interpretation of the law and the role of the interpretation custom in judicial doctrine. The research material includes parliamentary practice in Poland, practice of law interpretation and scientific studies on law interpretation. The research material was examined mainly using the method of linguistic analysis.

scholarly journals LAWMAKING ACTIVITY OF TERRITORIAL ENTITIES OF THE RUSSIAN FEDERATION: PROBLEMS AND SOLUTIONS

2017 ◽  
Vol 2017 (2) ◽  
pp. 95-99
Author(s):  
О. Рыбаков ◽  
O. Rybakov ◽  
О. Рыбакова ◽  
O. Rybakova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Constitutional Court ◽  
Legal Doctrine ◽  
Problems And Solutions ◽  
The Russian Federation ◽  
The Law ◽  
Legal Expertise ◽  
Law Making

<p>The article features an analysis of lawmaking activity of territorial entities of the Russian Federation, while focusing on some problems of regional normative legal acts. The authors define the role of legal expertise as one of the key elements of the regional law-making activity providing unity and integrity of the law over the whole territory of the Russian Federation. The analysis of the concept of “legal expertise” due to the regional regulations is given in the article, as well as its types and its essence. The authors examine different trends and approaches to the nature of the normative legal act due to the Constitutional Court of the Russian Federation practice, as well as in legal doctrine and legal law enforcement practice.</p>

Legal doctrine as a source (form) of Russian law

2019 ◽  
Author(s):  
Александр Чашин ◽  
Aleksandr Chashin
Keyword(s):  
Functional Analysis ◽  
Russian Federation ◽  
Federal Law ◽  
Legal Doctrine ◽  
Philosophical Foundations ◽  
The Russian Federation ◽  
Russian Law ◽  
The Law ◽  
Source Form

The monograph contains a holistic presentation of the problems associated with the domestic legal doctrine when it is considered as a source (form) of law. The author solves a number of theoretical and applied problems relevant to academic jurisprudence. Application of functional analysis has allowed the author to conclusively prove the capacity of legal doctrine to fulfill the role of full-fledged source (form) rights in the legal sphere of the States – participants of the CIS. Having considered the philosophical foundations of the form and content of law, the author defines the forms of legal doctrine. At the same time, an attempt is made to introduce the term "hypostasis of legal doctrine"into scientific circulation. Part of the monograph is devoted to the development of proposals on the rules of subsidiary use of legal doctrine by the courts in the silence of the law, as well as the precedent in the silence of the doctrine. As an application, the monograph is provided with a draft Federal law"on The legal doctrine of the Russian Federation".

Pengatuan Hukum Terhadap Narkotika Jenis-Jenis Baru yang Belum Terdaftar

2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Rizky Maulana Hakim
Keyword(s):  
Hazardous Materials ◽  
Legal Certainty ◽  
Next Generation ◽  
The Law

We realize that in the community, it is still close to the night world which can plunge the nation's next generation, through drinking, gambling, and especially Narcotics. There are many rules related to this problem, it is still possible that the minimum knowledge of the community is what causes users to become victims of the rigors of using drugs.In discussing this paper, we will take and discuss the theme of "Legal Certainty and Role of Laws on Narcotics (Narcotics and Drugs / Hazardous Materials) by Users and Distributors." The purpose of accepting this paper is, first, to be agreed by the reader which can be understood about the dangers that need to be discussed regarding the subjectivity of the drug itself; secondly, asking the reader to get a clue about actually addressing the urgency about the distribution of drugs; round, which is about knowing what the rules of the law and also the awareness in the surrounding community.Keywords: Narcotics, Role of Laws, Problem, Minimum Knowledge, awareness

The Role of Women in Pursuing Scottish Criminal Actions, 1580–1650

2020 ◽  
Vol 24 (2) ◽  
pp. 232-250
Author(s):  
Stephanie Dropuljic
Keyword(s):  
Early Modern ◽  
Legal History ◽  
Criminal Court ◽  
Current Understanding ◽  
The Law ◽  
Role Of Women

This article examines the role of women in raising criminal actions of homicide before the central criminal court, in early modern Scotland. In doing so, it highlights the two main forms of standing women held; pursing an action for homicide alone and as part of a wider group of kin and family. The evidence presented therein challenges our current understanding of the role of women in the pursuit of crime and contributes to an under-researched area of Scots criminal legal history, gender and the law.

Neoliberalism, Law and its Discontents: Three Recent Interventions

2020 ◽  
Vol 23 (2) ◽  
Author(s):  
Ravi Malhotra
Keyword(s):  
New York ◽  
Princeton University ◽  
The Law

Honor Brabazon, ed. Neoliberal Legality: Understanding the Role of law in the neoliberal project (New York: Routledge, 2017). 214pp. Paperback.$49.95 Katharina Pistor. The Code of Capital: How the Law Creates Wealth and Inequality (Princeton: Princeton University Press, 2019). 297 pp. Hardcover.$29.95 Astra Taylor. Democracy May Not Exist, but We'll Miss It When It's Gone (New York: Metropolitan Books--Macmillan, 2019). Hardcover$27.00

Prawne aspekty eutanazji w Holandii

2016 ◽  
Vol 14 (3) ◽  
pp. 243-253
Author(s):  
Grzegorz Stefanowicz
Keyword(s):  
The Netherlands ◽  
Assisted Suicide ◽  
Public Authority ◽  
Dutch Society ◽  
On Demand ◽  
Limited Length ◽  
The Law ◽  
Death On Demand ◽  
The Way

This article undertakes to show the way that has led to the statutory decriminalization of euthanasia-related murder and assisted suicide in the Kingdom of the Netherlands. It presents the evolution of the views held by Dutch society on the euthanasia related practice, in the consequence of which death on demand has become legal after less than thirty years. Due attention is paid to the role of organs of public authority in these changes, with a particular emphasis put on the role of the Dutch Parliament – the States General. Because of scarcity of space and limited length of the article, the change in the attitudes toward euthanasia, which has taken place in the Netherlands, is presented in a synthetic way – from the first discussions on admissibility of a euthanasia-related murder carried out in the 1970s, through the practice of killing patients at their request, which was against the law at that time, but with years began more and more acceptable, up to the statutory decriminalization of euthanasia by the Dutch Parliament, made with the support of the majority of society.

Peran Notaris/PPAT Dalam Pembuatan Surat Kuasa Membebankan Hak Tanggungan Dalam Perjanjian Kredit Pemilikan Rumah (Studi Di Pt. Bank Tabungan Negara Tbk. Cabang Cirebon)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (1) ◽  
pp. 1
Author(s):  
Yusup Sugiarto ◽  
Gunarto Gunarto
Keyword(s):  
Descriptive Analysis ◽  
Civil Law ◽  
Power Of Attorney ◽  
The Law ◽  
Credit Agreement

ABSTRAKKebutuhan akan lembaga notariat tidak terlepas dari kebutuhan akan perlunya pembuktian tertulis dalam lapangan hukum perdata. Mengingat keadaan ini maka notaris tidak saja berperan sebagai orang yang membuat alat bukti autentik namun juga sebagai penemu hukum. Notaris dalam profesinya sesungguhnya merupakan instansi yang dengan akta-aktanya menimbulkan alat-alat pembuktian tertulis dengan mempunyai sifat autentik. Penelitian ini bertujuan untuk menganalisis pelaksanaan penandatanganan akta notaris dalam pembuatan SKMHT dan akibat hukum penandatanganan akta SKMHT oleh penerima kuasa tidak di hadapan notaris dalam perjanjian kredit pemilikan rumah. Metode yang digunakan dalam penelitian ini adalah pendekatan yuridis normatif, sedangkan sifat dari penelitiannya sendiri bersifat deskriptif analisis. Penandatanganan akta notaris oleh penerima kuasa dalam akta SKMHT dimungkinkan untuk dilakukan tidak di hadapan notaris, karena lazimnya suatu akta SKMHT ada kaitannya dengan akta perjanjian kredit yang telah dibuat terlebih dahulu oleh para pihak. Akibat hukumnya penerima kuasa dalam akta SKMHT menjadi terikat untuk mematuhi ketentuan-ketentuan yang ada dalam SKMHT.Kata kunci: notaris, akta, perdata, kredit, perjanjian. ABSTRACTThe need for notarial institutions is inseparable from the need for the necessity of verification in the field of civil law. In view of this situation the notary not only plays the role of the person who makes authentic evidence but also the inventor of the law. Notary in his profession is in fact an institution which with its deeds evokes written proof means with authentic nature. This study aims to analyse the execution of the signing of notary deed in the making of SKMHT and the effect of the signing of SKMHT deed by the power of attorney not before the notary in the mortgage agreement. The method used in this study is the normative juridical approach, while the nature of the research itself is descriptive analysis. The signing of notarial deed by the power of attorney in the deed of SKMHT is possible to be done not in the presence of a notary, because usually a deed of SKMHT is related to the credit agreement which has been made beforehand by the parties. As a result of the law the power of attorney in the SKMHT deed becomes bound to comply with the provisions contained in SKMHT.Keywords: notary, deed, civil, credit, agreement.

Human Rights Activities as a Function of the Prosecutor’s Office

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
Main Function ◽  
Federal Law ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.

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