Queer in a legal sense: Negation and negotiation of citizenship in Boutilier v. Immigration and Naturalization Service and Arturo Islas’s The Rain God

2019 ◽  
Vol 17 (2) ◽  
pp. 187-206
Author(s):  
José A. de la Garza Valenzuela
Keyword(s):  
Immigration And Naturalization Service ◽  
Legal Sense

Documents from the State Archive of the Orel Region as a Source for Studying Peasant Legal Sense in Early 20th Century

2018 ◽  
pp. 98-108
Author(s):  
Vadim V. Kulachkov ◽  
Keyword(s):  
20Th Century ◽  
Comparative Method ◽  
Arable Land ◽  
The State ◽  
Early 20Th Century ◽  
State Archive ◽  
Public Authorities ◽  
Agrarian Question ◽  
Archival Documents ◽  
Legal Sense

The article studies documents from the State Archive of the Orel Region (GAOO) as an important source for studying the sense of justice of the Oryol gubernia peasants in early 20th century. Introduction of new archival materials allows to flesh out our knowledge and to produce a true-to-life picture of the Oryol peasants’ way of life. The peasant origins of the majority of the population necessitate a comprehensive study of peasant legal consciousness. Historical legacy is pertinent to present day, and forgetting its lessons is fraught with consequences. Evolution of modern Russian statehood hedges on its historical and legal traditions. The article studies documents in the fonds of public authorities, police, gendarmerie, courts, and prosecution offices. Introduction of new materials of public authorities, police, gendarmerie, courts, and prosecution offices into the scholarship promotes the analysis of the evolution of peasant legal sense in early 20th century. The chronological framework of the article is limited to the period from 1900 to 1917, its territorial framework is limited to the Oryol gubernia in its pre-revolutionary borders. The article studies reports, dispatches, and circular letters using the comparative method. The intensification of peasant protest was incidental to the first Russian revolution of 1905-1907 – the peasants hoped to force the government to settle the agrarian question, wherein lay the crux of their interests. As peasants of the Oryol gubernia suffered from shortage of arable land, antimonarchical sentiments gained momentum and translated a growing number of trials for contempt of the Emperor. Illegal literature spreading among the peasants, further radicalized them, and the authorities grew more and more hesitant in their assessment of peasant loyalty, which is quite intelligible in the archival documents. Thus, the use of new archival documents in addition to published materials promotes the scholarship on the peasant legal sense.

Statehood and the State-Like in International Law

2019 ◽  
Author(s):  
Rowan Nicholson
Keyword(s):  
Hong Kong ◽  
International Law ◽  
The State ◽  
Alternative Methods ◽  
Important Conclusion ◽  
Territorial Integrity ◽  
The Past ◽  
Imperial China ◽  
Peremptory Norms ◽  
Legal Sense

If the term were given its literal meaning, international law would be law between ‘nations’. It is often described instead as being primarily between states. But this conceals the diversity of the nations or state-like entities that have personality in international law or that have had it historically. This book reconceptualizes statehood by positioning it within that wider family of state-like entities. An important conclusion of the book is that states themselves have diverse legal underpinnings. Practice in cases such as Somalia and broader principles indicate that international law provides not one but two alternative methods of qualifying as a state: subject to exceptions connected with territorial integrity and peremptory norms, an entity can be a state either on the ground that it meets criteria of effectiveness or on the ground that it is recognized by all other states. Another conclusion is that states, in the strict legal sense in which the word is used today, have never been the only state-like entities with personality in international law. Others from the past and present include imperial China in the period when it was unreceptive to Western norms; pre-colonial African chiefdoms; ‘states-in-context’, an example of which may be Palestine, which have the attributes of statehood relative to states that recognize them; and entities such as Hong Kong.

scholarly journals Oversized Area Indications on Bonus Packs Fail to Affect Consumers’ Transactional Decisions—More Experimental Evidence on the Mars Case

2021 ◽  
Author(s):  
K. P. Purnhagen ◽  
E. van Herpen ◽  
S. Kamps ◽  
F. Michetti
Keyword(s):  
Experimental Evidence ◽  
Empirical Evidence ◽  
Current Paper ◽  
Legal Interpretation ◽  
Eu Legislation ◽  
Behavioural Research ◽  
Actual Choice ◽  
Unfair Commercial Practices Directive ◽  
Legal Sense ◽  
The Way

AbstractFindings from behavioural research are gaining increased interest in EU legislation, specifically in the area of unfair commercial practices. Prior research on the Mars case (Purnhagen and van Herpen 2017) has left open whether empirical evidence can provide an indication that this practice of using oversized indications of additional volume alters the transactional decision of consumers. This, however, is required to determine the “misleadingness” of such a practice in the legal sense as stipulated by the Unfair Commercial Practices Directive 2005/29/EC. The current paper closes this gap by illustrating how behavioural research can inform legal interpretation. In particular, it extends the previous research in two important ways: first, by examining the actual choice that people make; and second, by investigating whether the effects remain present in a context where a comparison product is available. Yet, while supporting and extending the findings of the study from Purnhagen and van Herpen (2017) on deceptiveness, the current study could not produce empirical evidence of a clear influence on the transactional decision of consumers, in the way “UCPD” requires.

scholarly journals Vots al carrer l’1 d’octubre de 2017 a Catalunya: la ‘fake news’ menys aclarida

Tripodos ◽  
2021 ◽  
pp. 153-168
Author(s):  
Jordi Serrat
Keyword(s):  
Media Coverage ◽  
Democratic Legitimacy ◽  
Constitutional Court ◽  
Public Television ◽  
Fake News ◽  
Police Intervention ◽  
The Media ◽  
Set Up ◽  
Legal Sense

Catalunya va viure l’1 d’octubre del 2017 un dels moments informatius més importants de la seva història. El Govern català va habilitar, desobeint el Tribunal Constitucional, 2.243 col∙legis electorals per preguntar als ciutadans si estaven a favor o en contra de la inde­pendència de Catalunya. El fet que els principals òrgans dels poders judicial i polític d’Espanya consideressin il∙legal aquest referèndum no va fer desistir els organitzadors. La jornada va estar mar­cada per la gent que va mobilitzar-se per votar i per l’actuació de la policia espanyola que va intervenir amb força. La recerca analitza com un viral de You­Tube, per denunciar irregularitats en la consulta, conté tots els ingredients per considerar-lo la principal fake news d’aquell dia. L’anàlisi es contextualitza amb opinions sobre la cobertura del re­ferèndum de quatre periodistes catalans entrevistats (Crónica Global, El País i Ara). També es confronten els relats de TV3 i TVE, en el Telenotícies i el Tele­diario. Mentre la televisió catalana va presentar l’1-O de manera èpica, per la resistència popular per salvaguardar uns drets que simbolitzaven les urnes enfront les càrregues policials; la televi­sió pública espanyola va emfatitzar que va ser una acció il∙legal, sense garanties democràtiques.   Votes in the Streets on October 1, 2017 in Catalonia: An Example of Covert Fake News On October 1st, 2017 (1-O), Catalonia experienced one of the most important newsworthy moments in its history. The Catalan government set up 2.243 polling stations to conduct a referendum on Catalonia’s independence, thereby disobeying Spain’s Constitutional Court. Although the main bodies of the Spa­nish judiciary and political powers con­sidered the referendum illegal, the orga­nizers persisted. The day was marked by people’s mobilizations, which consisted of defending polling stations and pro­tecting voters from police intervention. With this study, we seek to analyse how a YouTube video, which reported irregu­larities about the referendum and went viral, contains all the ingredients to be considered fake news. The analysis is contextualized with opinions about the media coverage of the referendum by four interviews with Catalan journalists (Crónica Global, El País, Ara). The ac­counts of TV3 (Televisió de Catalunya) and TVE (Televisión Española), in Tele­notícies (TV3’s news) and Telediario(TVE’s news) are also juxtaposed. While the Catalan public television (TV3) pre­sented the 1-O in an epic way, stressing the citizens’ resistance to safeguard the rights as symbolized by the ballot boxes against the Spanish police, the Spanish public television (TVE) emphasised that 1-O was an illegal referendum lacking democratic legitimacy.

scholarly journals RUDOLF VON JHERING E A GENELOGIA DA ÉTICA: O DEVIR HISTÓRICO COMO DETERMINANTE DA PROCEDÊNCIA DO SENTIMENTO JURÍDICO * RUDOLF VON JHERING AND THE GENELOGIA ETHICS: THE BECOMING HISTORY AS DETERMINING THE ORIGIN OF THE LEGAL SENSE

2015 ◽  
Vol 4 (3) ◽  
pp. 101
Author(s):  
Henrique Garbellini Carnio
Keyword(s):  
Natural Law ◽  
Historical Development ◽  
Philosophy Of Law ◽  
Natural Laws ◽  
Em 12 ◽  
The Absolute ◽  
The Law ◽  
Legal Sense ◽  
The Way

<p><strong>Resumo:</strong> O presente artigo tem como base a conferência dada por Rudolf von Jhering em 12 de março de 1884 para a Sociedade Jurídica de Viena, intitulada "Sobre o nascimento do sentimento jurídico". O objetivo é demonstrar algumas reflexões surpreendentes e pouco conhecidas deste importante jurista, enfatizando, em especial, a importância que ele atribui ao devir histórico na formação do sentimento jurídico, apostando que o sentido do direito é modelado pela história e não proveniente das leis naturais eternas. Jhering, propondo uma tarefa genealógica, defende de forma contundente um historicismo ético e jurídico que o distancia de um relativismo absoluto como o das clássicas posições jusnaturalistas, completamente ahistóricas, que se revela extremamente interessante para as reflexões atuais sobre a filosofia do direito.</p><p><strong>Palavras-chave:</strong> Rudolf von Jhering; sentimento jurídico; historicismo ético-político.</p><p><strong>Abstract:</strong> This article is based on a lecture given by Rudolf von Jhering on March 12, 1884 for the Law Society of Vienna, entitled "About the birth of the legal feeling." The objective is to demonstrate some surprising and little-known reflections of this important jurist, emphasizing, in particular, the importance he attaches to the historical development in the formation of the legal feeling, betting that the sense of law is shaped by history and not from the eternal natural laws. Jhering proposing a genealogical task, forcefully defends an ethical and legal historicism that distances him of the absolute relativism as the way of classic natural law positions, completely ahistorical, that reveals itself highly interesting for the current reflections on the philosophy of law.</p><p><strong>Keywords:</strong> Rudolf von Jhering; legal feeling; ethical and political historicism.</p>

scholarly journals The Legal Meaning Of Agency And Its Implications For Finance Theory

2011 ◽  
Vol 6 (1) ◽  
pp. 34 ◽  
Author(s):  
Donald G. Margotta
Keyword(s):  
Agency Theory ◽  
Legal Theory ◽  
Agency Relationship ◽  
Finance Theory ◽  
Legal Sense ◽  
Legal Meaning

Agency theory in the finance literature is based on the assumption that an agency relationship exists between a firms managers, the agents, and its shareholders, the principals. This paper demonstrates that, in a legal sense, no formal agency relationship exists between managers and shareholders. Legal theory views managers as agents of the corporation rather than of shareholders, and the paper discusses the implications of these differences for finance theory.

scholarly journals Hate crimes: American and Balkan experience

Temida ◽  
2011 ◽  
Vol 14 (4) ◽  
pp. 21-36
Author(s):  
Jovan Ciric
Keyword(s):  
Sexual Minority ◽  
Black People ◽  
Hate Speech ◽  
Hate Crimes ◽  
Police Force ◽  
Young Population ◽  
The South ◽  
Legal Intervention ◽  
The Creation ◽  
Legal Sense

In the nineties of the last century it was noticed in the U.S.A. that suddenly the number of crimes with violence in the inter-racial and inter-ethnical conflicts rose. Also the phenomenon of ignition of churches, religious and sacral objects, especially in the south of the U.S.A., objects which were used by black people, was recorded. Directly in relation to that - the term ?hate crimes? then arose in science and became outspread very quickly, primarily in criminology. Several events, and above all the murder of a young homosexual in Wyoming influenced for both the violence and the crimes commited towards the homosexuals and all due to the prejudices towards this sexual minority to be included in this term. Today, this term is used not only in the U.S.A. and not only in a criminological sense, but also in a purely legal sense to denote the crimes which were carried out under the influence of hate towards a correspondent racial, ethnical or sexual minority. This term is linked also to the terminology and thus the problems which are related to the ?hate speech?. The author of this paper writes about how this term arose in the first place and which problems emerge related to hate crimes and primarily in relation to the issues of expansion of democracy and tolerance, and also education, primarily among the police force and the young population. The author also ascertains that only with the law, no great effects in the battle against this phenomenon can be achieved and that before the criminal-legal intervention some other measures have to be approached, like the creation of an atmosphere of tolerance and the education of the citizens about the phenomenon of hate crimes.

The Sunset of 1974: Lenny Patrick’s Changing World

2019 ◽  
pp. 37-48
Author(s):  
Joe Kraus
Keyword(s):  
Law Enforcement ◽  
Organized Crime ◽  
Police Department ◽  
Chicago Police Department ◽  
Long Run ◽  
Hard Evidence ◽  
The Difference ◽  
Chicago Police ◽  
Legal Sense ◽  
Changing World

This chapter documents Lenny Patrick’s growing paranoia by 1974. This was a pivotal year—the twenty-fifth since the death of Benjamin Zuckerman and Patrick’s own rise to power. Everyone knew that and, for practical purposes, such knowledge mattered. It meant people made way for him; that they understood he had influence to help in shady business; and that they acceded to his suggestions, requests, or threats. In a legal sense, though, the difference between knowledge and proof was everything. Until law enforcement had hard evidence against him, he was a free man. And by 1974 the FBI and Chicago Police Department had been trying to collect such evidence for at least fifteen years through sustained campaigns of surveillance, wiretapping, and harassment. Wherever Patrick went, someone was trying to track him. He had had a long run as boss of Chicago Jewish organized crime, but the net was tightening around him.

Sign in / Sign up

Export Citation Format

Share Document