Remarks at the Opening of the Symposium Celebrating the 10th Anniversary of the German Law Journal – In Praise of Transnationalism

2009 ◽  
Vol 10 (10) ◽  
pp. 1291-1294
Author(s):  
Brun-Otto Bryde
Keyword(s):  
German Law ◽  
Legal Culture ◽  
10Th Anniversary ◽  
Successful Work ◽  
The Subject ◽  
Short Intervention ◽  
German Reader

My short intervention has two parts: First, I want to congratulate the team of the German Law Journal on ten years of successful work from the perspective of a German reader. Second, I want to praise the transnationalization of legal culture, the subject of this conference.

scholarly journals KENDALA PENEGAKAN HUKUM TINDAK PIDANA KORPORASI DALAM BIDANG PERPAJAKAAN DI INDONESIA

2021 ◽  
Vol 10 (2) ◽  
pp. 116-137
Author(s):  
Dr.Bambang Ali Kusumo,S.H,Mhum.
Keyword(s):  
Law Enforcement ◽  
Secondary Data ◽  
Legal Culture ◽  
Tax Law ◽  
Applicable Law ◽  
Individual Person ◽  
Procedural Law ◽  
Legal Structures ◽  
Data Source ◽  
The Subject

The subject of Tax Law is an individual (person) and a Legal Entity or Corporation. In the enforcement of tax law, there are often deviations from the Tax Law, both committed by individuals and corporations. Efforts to resolve these irregularities for person actors are easier to resolve in accordance with applicable law, but for corporate actors there are many obstacles. What is this obstacle, is revealed through research. The research was carried out with the type of juridical nomative research, the nature of the research was descriptive. The dominant data source is secondary data, which includes primary legal materials, secondary legal materials and tertiary legal materials. The results of the study indicate that the obstacles that arise in law enforcement against corporations are caused by weaknesses in legal substance, weaknesses in legal structures, weaknesses in legal culture and weaknesses in procedural law.  

scholarly journals The activity of German law enforcement authorities in resolving the problem of political stability: counterterrorism aspects (2013-2018)

2020 ◽  
pp. 29-42
Author(s):  
Ksenia Aleksandrovna Kornilova
Keyword(s):  
Law Enforcement ◽  
German Law ◽  
Political Stability ◽  
Terrorist Attacks ◽  
Prevention Measures ◽  
The Third ◽  
Angela Merkel ◽  
The Subject ◽  
Counterterrorism Policy ◽  
Successful Prevention

This article examines the counterterrorism policy of Germany during the third term of Angela Merkel, when the spread of terrorist threat in the territory of Germany has increased. The subject of this research is the activity of law enforcement authorities in development and implementation of German counterterrorism policy strategy, which include preemptive and prevention measures, forcible methods, and share of intelligence between the departments. The goal of this work consists in analysis and assessment of the achievements and failures of counterterrorism policy of Germany. Neorealism served as the key approach used in the course of this research. The conclusion is made that successfully consolidated activity of Merkel’s government and law enforcement authorities led to decrease in the number of terrorist attacks and strengthening of political stability in Germany. For indicating achievements and problematic aspects of German counterterrorism activity during the indicated period, the author translated from German the reports of law enforcement authorities on the instances of violence and prevented terrorist attacks, as well as mass media materials testifying to successful prevention of terrorist attacks. The acquired materials can be valuable in teaching corresponding disciplines and within the framework of scientific research.

scholarly journals A Comparative Study of Curriculums for Education for Sustainable Development (ESD) in Sweden and Japan

2020 ◽  
Vol 12 (3) ◽  
pp. 1123 ◽  
Author(s):  
Ulf Fredriksson ◽  
Kanako N. Kusanagi ◽  
Petros Gougoulakis ◽  
Yaka Matsuda ◽  
Yuto Kitamura
Keyword(s):  
Sustainable Development ◽  
Education For Sustainable Development ◽  
Project Work ◽  
School Activities ◽  
Successful Work ◽  
Upper Secondary ◽  
Important Approach ◽  
Local Engagement ◽  
The Subject ◽  
Upper Secondary Schools

This study examined the curriculums and implementation of Education for Sustainable Development (ESD) in upper secondary schools in Japan and Sweden and examined and compared the policies and cases of ESD practice. The comparison showed that ESD is present in the national curriculums of both countries, but is emphasized differently. In Sweden, it is more a matter of mentioning ESD as part of the principles that guide education, while in Japan, the integration of ESD into the subject syllabus is emphasized. The schools visited strove to implement ESD in their work. ESD is not an exclusive approach in addition to other school activities, but rather a central part of the schools´ work. Many issues are included under the umbrella of ESD, not only environmental issues. International contacts are one of the most important elements of the work, but this does not exclude local engagement. In fact, the schools have established impressive networks. Project work is an important approach in supporting students’ learning about sustainable development. A prerequisite for the successful work of the schools, which all have a certain reputation in the field of ESD, is the dedication of the teachers and the equally dedicated principals who support the work.

Remarks at the Opening of the Symposium Celebrating the 10th Anniversary of the German Law Journal – The German Law Journal as “Lived” Comparative Law

2009 ◽  
Vol 10 (10) ◽  
pp. 1309-1318
Author(s):  
Russell A. Miller
Keyword(s):  
International Law ◽  
English Language ◽  
German Law ◽  
Comparative Law ◽  
Current Form ◽  
10Th Anniversary ◽  
German Capital ◽  
Internet Publishing ◽  
The Right ◽  
The University

It is proper that we have come to Berlin to celebrate this remarkable transatlantic enterprise. It is true that the German Law Journal was born in Karlsruhe and that it emerged in its current form – as an online, monthly, peer-reviewed, English-language forum for commentary on developments in German, European and International law – at the University of Frankfurt. But one advantage of Internet publishing is the detailed information editors can gather on their readers, including the almost absurd statistic that tracks the frequency with which the German Law Journal website is accessed from each of Germany's Postleitzahl districts. Berlin is the right place for this event because we know from that data that the largest block of our German readers, by far, is based here in the German capital.

scholarly journals The German “Verständigung” and Consensual Elements in German Criminal Trials

2020 ◽  
Vol 21 (6) ◽  
pp. 1134-1148
Author(s):  
Matthias Jahn ◽  
Charlotte Schmitt-Leonardy
Keyword(s):  
A Priori ◽  
German Law ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Criminal Trials ◽  
Legal Doctrine ◽  
Negotiated Agreements ◽  
Traditional Sense ◽  
The Subject ◽  
The Individual

AbstractNegotiated agreements in criminal proceedings have often been regarded as the embodiment of a negative wider trend towards the informalization of the criminal procedure, and have—especially in Germany—long been the subject of vivid controversies. A criminal proceeding in the traditional sense aims to establish the truth ex officio, which is achieved by means of a comprehensive inquiry into the facts conducted by the court during the trial, followed by a sentence that appropriately reflects the individual guilt of the defendant, which can then, in turn, achieve the procedural objective of “justice.” A streamlining of the extensive inquiry into the facts that the court would normally have to conduct via the consensual process of negotiation does not, a priori, fit the mold of a criminal procedure in the aforementioned sense. At the same time, the consensual termination of criminal proceedings—which also includes other forms of termination of the proceeding besides the concept of Verständigung, which occur by means of a preferment of public charges—is, in fact, more prevalent in practice these days than judgments rendered in adversarial trials are. Our Article focuses on the reasons why this stark contrast between legal doctrine and reality came to pass and which aspects of the implementation of the concept of consensus into the German law of criminal procedure still seem problematic.

Some Questions and Comments on What is Called “The Mental Element of the Offence”

1996 ◽  
Vol 30 (1-2) ◽  
pp. 82-105
Author(s):  
Björn Burkhardt
Keyword(s):  
Subject Matter ◽  
English Language ◽  
German Law ◽  
Hebrew Text ◽  
Causal Chain ◽  
Mens Rea ◽  
English Version ◽  
American Law ◽  
The Subject ◽  
Mental Element

In this paper, I shall address three problems: the question of content and limits of the “mens rea” elements (part II), the controversy over the correct concept of negligence (part III), as well as the problem of “divergence from the intended causal chain” (part IV). In doing so, I will compare the regulations of the Israeli draft Code (the “Israeli Draft”) not only with German law, but also with English and American law. Of course, within the scope of this paper I can neither probe deeply into the subject matter nor address all the important questions related to it.Before starting with my questions and comments, I would like to make two introductory remarks:1. First, I have to admit that I am unsure whether I understand correctly the regulations of the Israeli Draft (sec. 19-21, 22, 54). At least three sources of potential misunderstanding exist: first, the English version of the Israeli Draft is a preliminary translation of the Hebrew text. Any translation may shift the meaning of the original and binding Hebrew text. Second, misunderstanding may also result from my rather modest knowledge of the English language.

scholarly journals Erbschaft- und Schenkungsteuer in Polen und in Deutschland. Konstruktionselemente der Steuer: Steuerpflichtiger, Steuergegenstand, unbeschränkte und beschränkte Steuerpflicht, Erbschaft- und Schenkungsteuer bei Nacherbfolge. Erster Teil

2020 ◽  
Vol 30 ◽  
pp. 13-29
Author(s):  
Stefan Babiarz ◽  
Keyword(s):  
Civil Law ◽  
German Law ◽  
Tax Structure ◽  
Structural Elements ◽  
Subject And Object ◽  
The Subject ◽  
The Difference

The following conclusions can be drawn from a comparison of the structural elements of the tax structure in the Polish and German Acts on the tax on inheritance and donations: – there are no significant differences in the design of the taxpayer and the object of taxation (and the existing ones are related to different civil law solutions – donation in case of death, agreement as to succession), – the difference is in the taxation of subsequent succession, not provided for in the Polish civil law, and in the taxation of specific bequest, unknown in the German law, – the tax point is determined differently, as the German Act already taxes the due revenue (legitim), However, the German Act provides less favourable solutions for taxpayers in terms of e.g. the subject and object of taxation. It is, therefore, considered to be restrictive for taxpayers.

scholarly journals LAW AS A VALUE, VALUES IN LAW (PART TWO)

2021 ◽  
Vol 1 (91) ◽  
pp. 69-79
Author(s):  
Aleksandrs Baikovs
Keyword(s):  
Legal Culture ◽  
Legal Regulation ◽  
Legal Order ◽  
Legal Consciousness ◽  
Apparent Lack ◽  
A Value ◽  
The Subject ◽  
The Law ◽  
The One ◽  
Fundamental Values

The paper deals with the category of "values", the Rights as a value, and fundamental values of law; including freedom, justice, and equality have been analyzed.The relevance of the research is determined not only by the apparent lack of exploration of the problem but also by the fact that the value of rights and legal values determine direction and meaning, as well as the content of the rules of law, which is their normative expression, and, ultimately, appearing as a kind of basis for the legal culture, the source of the formation of the legal consciousness and establishing legal order, ensuring the efficiency of legal regulation due to the using the embodiment in reality of freedom, justice, equality.Legal norms themselves acquire the importance of values and become the subject of evaluation. Among values themselves, which act as an ideal justification of law rules, the law rules themselves and assessments, on the one hand, there are not only close ties but also mutual transitions. Therefore, both their interrelated explanations and differentiation are necessary.

CONTEMPORARY STATE OF GERMAN COPYRIGHT LAW

2017 ◽  
Vol 3 (3) ◽  
pp. 54-60
Author(s):  
Юрий Юмашев ◽  
Yuriy Yumashev ◽  
Елена Постникова ◽  
Elena Postnikova
Keyword(s):  
German Law ◽  
Vital Role ◽  
Copyright Law ◽  
The European Union ◽  
International Convention ◽  
Intellectual Content ◽  
Basic Law ◽  
The Subject ◽  
The Common ◽  
Common Problems

This article analyzes the common problems of German copyright law (GCL). The authors begin with the concept of copyright law, emphasizing the personal, absolute and inalienable GCL. It operates on the basis of the so-called “monistic doctrine”, whereby its indivisibility and the creative individuality of the author play a vital role. Then the authors describe the sources of GCL (first of all, the Basic Law of Germany, the German Law on Copyright and Related Rights, the International Convention on Copyright, the Agreement on trade-related aspects of intellectual property rights (trips) concluded under the World Trade Organization (WTO), and the primary and secondary law of the European Union). Also there is an analysis of objects of GCL (copyrighted works) and their main elements: personal character, intellectual content, forms, and their perception of others. Original work must be the result of intellectual effort of the author, who is the subject of copyright. The content of the GCL, the mechanism of its regulation and the scope of its application, including the dates of validity are analyzed in present article. Special attention is paid to the peculiarities of copyright and publishing contracts, issues of related rights, as well as a distinctive trait of GCL – the societies for the collective management of copyright and related rights. Also the article addresses civil and criminal penalties for violations of the GCL. In conclusion the authors noted that the images of historically significant personalities can be published without their consent in a public and justice interests.

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