scholarly journals Civil law regulation of town planning

2020 ◽  
Vol 164 ◽  
pp. 04009
Author(s):  
Elena Voskresenskaya ◽  
Nikolay Zhilskiy ◽  
Nicolay Golovanov ◽  
Natalya Pisareva

The present research article contains the legal analysis of prescription of the procedure and levels of law making in the field of civil and town planning legislation. The authors have explored their nature and origin, which will help fill the gaps in legislation and eliminate the existing conflicts of law. The current town planning legislation is of complex nature, so it cannot be applied without taking into account civil law, which directly influences town planning relations. It is worth mentioning that both town planning and civil law relations depend on the set of other constitutional principles related to the right of ownership, right of undertaking entrepreneurial or other economic activities, intellectual property right, etc. Interrelation and differentiation of regulations of town planning and civil legislation are currently essential. Civil legislation is manifested mainly by the Civil Code of the Russian Federation, which regulates property and some non-property yet associated relations that concern town planning activities. For the last years, the Russian legislation has paid much attention to statutory regulation of town planning relations, passing the way from federal laws to codification. The present paper focuses on the social and economic role of town planning and its place in current times.

2020 ◽  
Vol 3 ◽  
pp. 1-11
Author(s):  
Laura Hall ◽  
Urpi Pine ◽  
Tanya Shute

Abstract This paper will reflect on key findings from a Summer 2017 initiative entitled The Role of Culture and Land-Based Healing in Addressing and Ending Violence against Indigenous Women and Two-Spirited People. The Indigenist and decolonizing methodological approach of this work ensured that all research was grounded in experiential and reciprocal ways of learning. Two major findings guide the next phase of this research, complicating the premise that traditional economic activities are healing for Indigenous women and Two-Spirit people. First, the complexities of the mainstream labour force were raised numerous times. Traditional economies are pressured in ongoing ways through exploitative labour practices. Secondly, participants emphasized the importance of attending to the responsibility of nurturing, enriching, and sustaining the wellbeing of soil, water, and original seeds in the process of creating renewal gardens as a healing endeavour. In other words, we have an active role to play in healing the environment and not merely using the environment to heal ourselves. Gardening as research and embodied knowledge was stressed by extreme weather changes including hail in June, 2018, which meant that participants spent as much time talking about the healing of the earth and her systems as the healing of Indigenous women in a context of ongoing colonialism.


2020 ◽  
Vol 16 (3) ◽  
pp. 188-193
Author(s):  
Fatemeh Ghodrati

Background: Every woman has the right to have children. Objective: This study aimed to investigate the Jurisprudence study of the importance of the role of a woman right to have a child. Methods: A review of the literature with keywords of motherhood. The viewpoints of the jurists, jurisprudent law, right contraception and breastfeeding, spiritual rewards, pregnant women, instinct of having a child and the Quran. The Information Centers such as Scopus and Iranmedex, Magi ran SID, Google Scholar, Science Direct, Pub med, and in the returns without any time limitations up to 2018. Therefore, Qur'anic verses based on the topic and authentic Hadith texts as well as authoritative, authentic scientific articles. Results: Narrations and Quran verses on greatness and respect of a mother show the importance of the maternal role. The maternal role is a fabulous facet of perfection of a woman and Islam has considered spiritual rewards for it. In the Quran, many biological changes such as pregnancy, childbirth, breastfeeding and taking care of a child and spiritual characteristics of mothers as the instinct seeking a child or generosity towards child have been mentioned. Islamic rules have a duty to extend this culture and aid mothers to achieve this right. Nobody can deprive a woman of it. Conclusion: In view of jurisprudent rules in Islam, if there is no limitation or natural barrier for a woman to have a child but her husband’s illogical unwillingness for having a child; this is, according to article 1130 of civil law, a kind of distress and embarrassment and the woman has the right to divorce.


2016 ◽  
Vol 7 (1) ◽  
pp. 2-5 ◽  
Author(s):  
Yvonne Ridley

Purpose – The purpose of this paper is to highlight the role of Muslim women in economic activities. Design/methodology/approach – The paper is a historical account on the important role played by Muslim women in business and governance during the Islamic formative years. Findings – While women in the West still struggle with the rights to equal position and pay till today, Islamic teaching provides Muslim women with the rights to earn and spend as they wished as well as selected to lead economic activities based on their personal merit and wisdom. Practical implications – The paper highlights that Islamic Sharia does not discriminate Muslim women economically nor socially as often portrayed in the Western media. Islam outlines the specific rights and obligations of men and women to ensure development of a healthy society. Social implications – Society should appreciate that Islamic Sharia work out favourably for women. They are trusted to lead based on their own merit and wisdom and not for their beauty. Originality/value – This is a keynote speech delivered at the Islamic Perspective of Accounting, Finance, Economics and Management (IPAFEM) 2015 conference: 7th-9th April, Adam Smith Business School, The University of Glasgow – on the economic role played by early Muslim women.


2019 ◽  
pp. 7-13
Author(s):  
O. Y. Vovk

The article contains a historical and legal analysis of proclamations as a cumulative source of Hetmanate’s city law of the second half of 17th – 18th centuries, and their characteristic by origin and purpose. It was established that Hetmanate (a state official name was – Zaporizhian Host) was under the rule of Polish-Lithuanian Commonwealth during this period with all the lands and cities, and then as a part of the Russian monarchy. It is studied that in the field of municipal government, public relations in Ukrainian cities were governed by the norms of urban law, including the provisions of local proclamations (locations) of the autonomous government ofHetmanate, which should be divided into separate specific groups. The most significant of them were those that confirmed the granting of the right to self-government of the Magdeburg sample to Ukrainian cities. The proclamations of Ukrainian hetmans of a defensive, prohibited or protective nature, which were granted to the cities of Hetmanate since the reign of B. Khmelnytskyi and including K. Rozumovskyi, protected the rights of urban communities from abuse bythe local administration and representatives of other classes. The cities were given the right to leave a significant part of the income to the city government bodies and burghers by Hetman permitting proclamations. The electoral proclamations of hetmans to certain individuals controlled the order of elections in cities and prevented abuse duringtheir conduct. The regulation proclamations, issued to the cities by hetmans and colonels, clarified the social and economic power ofmagistrates or town halls and established the economic relations of the urban inhabitants. A separate group of local proclamations consisted of those relating to the proper economic activity of urban craft workshops anddefended the social rights of burghers-artisans. It is proved that the norms of proclamations of all groups provided legal regulationof social relations in the sphere of municipal government of Left-Bank Ukraine primarily till the first city reform in Ukrainian citiesconducted by Russian Empire and the introduction of the Charter to Cities of 1785.


2016 ◽  
Vol 13 (3) ◽  
pp. 89
Author(s):  
Beata Gessel-Kalinowska vel Kalisz

THE PERCEPTION OF THE PRACTICE OF CONFIDENTIALITY IN ARBITRATION. AN ANALYSIS OF THE RESULTS OF A SURVEY CARRIED OUT BY THE LEWIATAN COURT OF ARBITRATION AMONG POLISH ARBITRATION PRACTITIONERS Summary As with numerous other systems of law, such as Norwegian, Swedish or Australian law, the Polish legal system does not have a clear and uniform norm of law governing confidentiality and privacy in arbitration. Public opinion frequently refers to the role of custom as the source of the obligation to preserve confidentiality, although usually it does so without a detailed analysis of the subject and object of this obligation. This fact provided the inspiration for a survey carried out among Polish arbitration practitioners. The results of the survey present an interesting picture of what is subjectively perceived by arbitration practitioners as forming part of the confidentiality canons in arbitration proceedings. In principle, they reflect the worldwide trends, i.e. as far as the object of the confidentiality obligation is concerned – in camera sessions and the confidentiality of awards, and as regards its subject – the confidentiality obligation imposed on arbitrators and arbitration institutions. In addition, the customary practice of keeping confidential any information obtained in the course of proceedings is perceived as the right conduct as far as the object of the obligation is concerned. One of the very controversial issues is the matter of parties’ responsibilities, which leads to further questions as to individual arbitrators’ membership of the social (professional) group known as “arbitration practitioners”.


Author(s):  
Michael Pakaluk

The reception of Thomistic political and legal philosophy is considered with respect to what is called ‘political liberalism’. The appeal to a hypothetical state of nature should be rejected, as it misconstrues the social nature of human beings. Aquinas’ account of the origin of political society starts from an interpretation of human nature. On this basis one can account for human rights, the importance of the right to religious liberty, the family as the basic cell of society, civil society as including subsidiary authorities, the importance of private property, and the nature and role of freedom. A key question for the continued flourishing of a free society is what practically enables persons to govern for the genuine good of others.


Author(s):  
Joanna L. Grossman ◽  
Lawrence M. Friedman

This chapter describes what might be the last battleground over “traditional” marriage—same-sex marriage, and the social and legal revolution that brought us from an era in which it was never contemplated to one in which, depending on the state, it is either expressly authorized or expressly prohibited. Same-sex marriage has posed—and continues to pose—a challenge to traditional definitions of marriage and family. But, more importantly, the issue implies broader changes in family law—the increasing role of constitutional analysis; limits on the right of government to regulate the family; and the clash between the traditional family form and a new and wider menu of intimate and household arrangements, and all this against the background of the rise of a stronger form of individualism.


2021 ◽  
pp. 0192513X2110557
Author(s):  
Changhui Song ◽  
Joyee Shairee Chatterjee ◽  
Donna L. Doane ◽  
Philippe Doneys

This qualitative study based on 34 in-depth interviews (IDIs) with cis-gendered tongzhi (men who are attracted to men) critically explores the factors influencing their decisions to enter mixed-orientation marriages (MOMs) in China. Theoretically, the study weaves together insights from queer and feminist theorizing and analyzes the role of heteronormativity and patriarchy, especially in relation to hegemonic masculine ideals, in the context of marriage norms in contemporary China. Our examination showcases the contradictory role heteronormativity and patriarchy play in simultaneously marginalizing and privileging these groups of men along the axes of sexual, gender, and lineage (inter-generational) hierarchies. It also underscores the continued role of filial piety norms. Overall, the study contributes to deepening our understanding of the complex nature of MOMs and discussions of MOMs as marriage fraud. We argue that examining these non-normative marriages furthers explication of the social structures underpinning gender and sexuality in a context of patriarchal marriage-normative societies.


Author(s):  
Frederik Truyen ◽  
Filip Buekens

Several co-evolving trends have impacted expectations of professional workers’ quality of knowledge. The abundance of information shared through the Internet, the ever-increasing specialization of tasks, the possibility of immediately accessible information through social networks, the participation of stakeholders in the social web, and the increased requirements for separation of duty in a corporate context have contributed to a situation where the current ‘knowledge worker’ is not expected to have the same level of readily available knowledge as before. This chapter describes this phenomenon in detail with a case study from ICT-expert jobs. It shows that an ICT manager can no longer overlook the work of collaborators, just by virtue of being the smartest employee around. He/she will increasingly rely on organizational procedures and professional standards to assess whether the right people - with the right competencies for the job – are at his/her disposal. After describing the specifics of professional knowledge for ICT experts and the role of social software plays in this, the chapter focuses on the epistemological aspects of ICT expertise. The authors discuss current strands of reliabilistic accounts for knowledge in relation to expertise. They show that besides reliability, it is accuracy that is needed in order to perform as an expert.


2021 ◽  
pp. 1-18
Author(s):  
Charles Devellennes

This chapter gives introduces the gilet jaunes. The gilets jaunes, a group of French protesters named after their iconic yellow vests donned during demonstrations, have formed a new type of social movement. The gilets jaunes have been variously interpreted since they began their occupation of French roundabouts. They were at first received with enthusiasm on the right of the French political establishment, and with caution on the left. The fourth weekend saw scenes of violence erupt on the Champs Élysées, notably around and within the Arc de Triomphe, which towers over the first roundabout built in France. The headlines of newspapers and stories of the news media became almost exclusively focused on the violence of the protests. Images of state violence became ever-present on Twitter and independent media outlets, making it clear that it was the use of disproportionate force by police units that was at the centre of the events. The chapter explains that the aim of the book is to show that the use of violence is not the only tale to be told about the role of the protesters in the contemporary French context. Their contribution to the political landscape of France is quite different. They have provided a fundamental challenge to the social contract in France, the implicit pact between the governed and their political leaders. The movement has seen the numbers of participants diminish over time, but the underlying tension between the haves and the have-nots, the winners of globalization and those at risk of déclassement [social downgrading], are enduring and persistent.


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