Consensual Elements in German Criminal Procedural Law

2014 ◽  
Vol 15 (1) ◽  
pp. 15-42
Author(s):  
Folker Bittmann
Keyword(s):  
Legal System ◽  
Criminal Procedure ◽  
The Other ◽  
The Past ◽  
Procedural Law ◽  
Other Hand ◽  
The Law ◽  
The One

The aim of German criminal procedural law is not to convict the accused at any cost. Even a guilty party can only be convicted if the criminal procedure is held in accordance with the law. If this is not possible, the German legal system accepts the risk of possibly acquitting a guilty party; it finds this more tolerable than the irregular conviction of the culprit. A criminal procedure seeks the truth. Only on the basis of a judicial conviction of the crime and its culprit may a sentence be imposed. This, though, can only be based on the so-calledprocedural truth.On the one hand, the past can never be reconstructed precisely; on the other hand, clarification can only be found through legal means and by following designated paths allowed by procedural law. Therefore, further investigation must cease if it is only possible to proceed by violating procedural law.

scholarly journals Features of Reforming Procedural Legislation as an Obstacle to the Convergence of Criminal, Civil, Arbitration and Administrative Processes

2021 ◽  
Vol 17 (2) ◽  
pp. 64-69
Author(s):  
A. R. Sharipova
Keyword(s):  
Negative Impact ◽  
Criminal Procedure ◽  
The Other ◽  
Criminal Process ◽  
Procedural Law ◽  
Other Hand ◽  
The One

The negative impact of the existing legislative approach to reforming the criminal process on the possibility of its convergence with other procedural branches is considered. The unjustified separation of bills on reforming the CPC within the framework of unified procedural transformations is noted. Separate legislative work on the criminal process, on the one hand, and arbitration, civil and administrative, on the other hand, leads to the emergence of additional unjustified differences in the normative consolidation of universal institutions. Specific examples of undesirable divergence of lawsuits caused by uncoordinated lawmaking are given. The absence of convergence of procedural law among the goals of both sectoral, in particular, criminal procedure policy, and judicial policy is noted. The necessity of developing the concept and directions of judicial procedural policy is substantiated.

Law’s Contradictions

2018 ◽  
Author(s):  
Nimer Sultany
Keyword(s):  
The Other ◽  
Political Actors ◽  
Political Conflicts ◽  
Other Hand ◽  
The Law ◽  
The One

This chapter analyzes concrete Egyptian and Tunisian cases that showcase the interplay between continuity and rupture. These cases illustrate the lack of a systemic relation between law and revolution. On the one hand, the judiciary that interprets and applies the law is part of the very social and political conflicts it is supposed to resolve. On the other hand, the law is incoherent and there are often resources within the legal materials to play it both ways. Thus, the different forces at work use both continuity and rupture to advance their positions. Furthermore, legitimacy discourse mediates the contradictions between law and revolution in the experience of different legal and political actors. This mediation serves an ideological role because it presupposes a binary dichotomy between continuity and rupture, papers over law’s incoherence by reducing it to a singular voice, and reduces revolution to an event rather than a process.

The Christian Church in the Last Seventy Years

1943 ◽  
Vol 12 (1) ◽  
pp. 28-34
Author(s):  
Kenneth Scott Latourette
Keyword(s):  
Large Volume ◽  
The Other ◽  
Recent History ◽  
Christian Church ◽  
The Past ◽  
Other Hand ◽  
The Status ◽  
The One ◽  
The Church

A strange contrast exists in the status of the Christian Church in the past seventy years. On the one hand the Church has clearly lost some of the ground which once appeared to be safely within its possession. On the other hand it has become more widely spread geographically and, when all mankind is taken into consideration, more influential in shaping human affairs than ever before in its history. In a paper as brief as this must of necessity be, space can be had only for the sketching of the broad outlines of this paradox and for suggesting a reason for it. If details were to be given, a large volume would be required. Perhaps, however, we can hope to do enough to point out one of the most provocative and important set of movements in recent history.

STUDI KRITIS JUAL BELI DEKORASI UANG MASKAWIN

Al-MAJAALIS ◽  
2018 ◽  
Vol 6 (1) ◽  
pp. 1-36
Author(s):  
Muhammad Arifin Badri
Keyword(s):  
The Other ◽  
Other Hand ◽  
Business Opportunities ◽  
The Law ◽  
The One ◽  
High Level

This study aims to examine the laws of dowry money decoration that are common in the community. The innovation and soul of art that is channeled through décor of dowry money is proven to produce beautiful and unique works, so as to attract the attention and interest of the wider community. However, because to produce beautiful and unique works, a high level of creativity is needed, so not everyone can do it. On the one hand, this phenomenon opens up quite good business opportunities, but on the other hand, it should be watched out, because in some conditions it contains the practice of buying and selling currencies with nominal differences. Through this study, I would like to uncover the law of buying and selling practices decorating dowry money and decorating services. As I also intend to present an applicative solution for the community so that they can still channel their artistic talents without violating Shari’ah law.

Probleme de interpretare privind constituționalitatea și capacitatea juridică a subdiviziunilor administrativ-teritoriale

2020 ◽  
Vol 2019 ◽  
pp. 126-133
Author(s):  
Vlad-Cristian SOARE ◽  
Keyword(s):  
Legal System ◽  
Administrative Law ◽  
The Other ◽  
Political Regime ◽  
Legal Capacity ◽  
Other Hand ◽  
The One ◽  
The Right ◽  
The Revolution

"The fundamental transformations through the Romanian state passed since the Revolution of December 1989, have also put their mark on the legal system. For this reason, there have been major changes in the content of administrative law. However, the regulation of the territorial-administrative subdivisions survived the change of political regime, due to Law 2/1968. Moreover, regulations on administrative-territorial subdivisions are also found in Law 215/2001 and in the 1991 Constitution, revised in 2003. This has led to problems of interpretation. Thus, on the one hand, we need to identify who has the right to constitute administrative-territorial subdivisions, and on the other hand, it must be seen whether the answer to the first question, leads to a possible interpretation that would be unconstitutional. At the same time, administrative-territorial subdivisions have created problems of interpretation regarding their legal capacity. Through this article, we have proposed to look at the issues mentioned above."

Comparing the Meaningfulness of Finite and Infinite Lives: Can We Reap What We Sow if We Are Immortal?

2021 ◽  
Vol 90 ◽  
pp. 105-123
Author(s):  
Thaddeus Metz
Keyword(s):  
Natural World ◽  
The Other ◽  
Meaningful Life ◽  
The Past ◽  
William Lane Craig ◽  
Other Hand ◽  
Important Argument ◽  
Moral Choices ◽  
The One

AbstractOn the rise over the past 20 years has been ‘moderate supernaturalism’, the view that while a meaningful life is possible in a world without God or a soul, a much greater meaning would be possible only in a world with them. William Lane Craig can be read as providing an important argument for a version of this view, according to which only with God and a soul could our lives have an eternal, as opposed to temporally limited, significance since we would then be held accountable for our decisions affecting others’ lives. I present two major objections to this position. On the one hand, I contend that if God existed and we had souls that lived forever, then, in fact, all our lives would turn out the same. On the other hand, I maintain that, if this objection is wrong, so that our moral choices would indeed make an ultimate difference and thereby confer an eternal significance on our lives (only) in a supernatural realm, then Craig could not capture the view, aptly held by moderate supernaturalists, that a meaningful life is possible in a purely natural world.

Dismissal with Monetary Consideration under Art. 232, para. 2 of the Labour Code

De Jure ◽  
2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Hristo Banov ◽  
Keyword(s):  
Employment Relationship ◽  
The Other ◽  
Employment Contract ◽  
Other Hand ◽  
Unilateral Termination ◽  
The Law ◽  
The One ◽  
Rules Set ◽  
Final Calculation

The article reviews the main differences between the monetary obligation of the employer under Art. 232, para. 2 of the Labour Code and other payments that the same party owes by law in the employment relationship. Thus, the hypotheses are differentiated, on the one hand, of the unilateral termination of the employment contract by the employer against monetary payment on the grounds of Art. 232, para. 2 of the Labour Code, and, on the other hand, the emergence of an obligation to pay certain compensations – in the true sense of the term – under Art. 213, Art. 214, Art. 219, para. 2 and Art. 225 of the Labour Code. Thereby, the thesis regarding the impossibility of incurring of an obligation on the employer to simultaneously execute the various mentioned monetary considerations, is reasoned. In addition, the rules set out in the law are discussed, both for contracting and for the final calculation of the amount of the employer’s monetary payment, which this study focuses on.

Aeroelastic Problems in connection with High-Speed Flight

1956 ◽  
Vol 60 (547) ◽  
pp. 459-475 ◽  
Author(s):  
E. G. Broadbent
Keyword(s):  
Mach Number ◽  
High Speed ◽  
The Other ◽  
Control Surface ◽  
The Past ◽  
Other Hand ◽  
Aerodynamic Derivatives ◽  
Mach Numbers ◽  
The One

SummaryA review is given of developments in the field of aeroelasticity during the past ten years. The effect of steadily increasing Mach number has been two-fold: on the one hand the aerodynamic derivatives have changed, and in some cases brought new problems, and on the other hand the design for higher Mach numbers has led to thinner aerofoils and more slender fuselages for which the required stiffness is more difficult to provide. Both these aspects are discussed, and various methods of attack on the problems are considered. The relative merits of stiffness, damping and massbalance for the prevention of control surface flutter are discussed. A brief mention is made of the recent problems of damage from jet efflux and of the possible aeroelastic effects of kinetic heating.

‘Die dood van Digenis’ - mistifikasie van ’n Bisantynse held

Literator ◽  
1993 ◽  
Vol 14 (1) ◽  
pp. 99-106
Author(s):  
B. Hendrickx
Keyword(s):  
The Other ◽  
The Past ◽  
Other Hand ◽  
Initiation Ritual ◽  
The One

The Byzantine akritic poem, "The Death of Digenis", which manifests all the characteristics of the Byzantine Neo-Hellenic tragoudi, is a good exemplum of an epic song, where mystification (in its anthropological sense) is used to idealize the hero. Historically the akritic songs (9th - 13th cent. A.D.) refer to the ongoing war on Byzantium’s frontiers between the Christian defenders of the empire and the Moslem invaders. The poem's structure, its historical-epic elements and especially its symbolism are examined in this article. It thus becomes clear that the unknown poet juxtaposes present, past and future in such a way that Digenis’s heroic (but human) exploits of the past are integrated in a supernatural climax, where the hero in his struggle loses to Charon (Death - Archangel Michael). Consequently Digenis, whose name means ‘bom twice', complies on the one hand with the tragic destiny of an epic death, and on the other hand passes through a kind of initiation ritual into the Christian host of the heroes of Heaven.

scholarly journals « L’espace indicible »: conceptions et textualités

2015 ◽  
Author(s):  
Mickaël Labbé
Keyword(s):  
Le Corbusier ◽  
Central Place ◽  
Spiritual Experience ◽  
The Other ◽  
Architectural Theory ◽  
Mots Clés ◽  
The Past ◽  
Other Hand ◽  
The One ◽  
Experiential Quality

Résumé: La notion d’« espace indicible » occupe sans conteste une position centrale dans la théorie architecturale de Le Corbusier après 1945. Loin d’être un simple mot-valise ou un signifiant vide de sens, le concept d’espace indicible vise à penser le sommet de l’expérience esthétique et spirituelle dont est passible l’architecture, cela tant pour rendre compte de l’émotion plastique ressentie face aux chefs-d’œuvre du passé que pour décrire la qualité de l’expérience que l’architecte cherche à produire par ses propres œuvres. Ainsi, dans l’œuvre de Le Corbusier, l’expression « l’espace indicible » désigne non seulement un concept, mais également un ensemble textuel dans lequel la notion est thématisée et au travers duquel elle se constitue progressivement. L’objectif de cet article est double : d’une part, proposer une description des déterminations principales du contenu donné par Le Corbusier à la notion d’« espace indicible » ; d’autre part, à partir de l’examen des archives, faire le point sur les textes dans lesquels ce concept se formule. Abstract: The concept of “ineffable space” unquestionably occupies a central place in Le Corbusier's architectural theory after 1945. Far from being a portmanteau or a signifier devoid of meaning, the concept of ineffable space is aimed at conceiving the height of aesthetic and spiritual experience rendered possible by architecture. This is as much to realise plastic emotion felt in front of masterpiece from the past as to describe the experiential quality that the architect seeks to produce in his/her own work. Thus, in Le Corbusier’s oeuvre, the expression “ineffable space” not only denotes a concept but also a textual whole in which the concept is thematised and through which it is progressively constituted. The aim of this article is two-fold. On the one hand, I propose a description of the principle determinants of the content that Le Corbusier assigns to the concept of “ineffable space”, and on the other hand, analysing the archives, I wish to take stock of the texts in which this concept is formulated.  Mots-clés: Le Corbusier; espace indicible; théorie architecturale. Keywords: Le Corbusier; ineffable space; architectural theory. DOI: http://dx.doi.org/10.4995/LC2015.2015.470

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