Le Statut des Langues Dans Les Différents Etats, et en Particulier en Europe

1980 ◽  
Vol 4 (3) ◽  
pp. 195-223 ◽  
Author(s):  
Guy Heraud

SUMMARY The Status of Languages in Different States, Especially in Europe A typology of linguistic characteristics of each territory can be established. Such territories do not generally coincide with political states, which are generally heterogeneous. To grasp the linguistic character of states, these must be divided into distinct linguistic territories. In considering a linguistic terrain, a sociolinguistic approach identifies the actual language in use, whereas a jurolinguistic approach notes the language imposed or recognized by law. Both approaches are legitimate, but must be distinguished. The term "status" in the title indicates a juridical approach. But a sociolinguistic or ethno-political perspective cannot be omitted. The two approaches are epistemologically linked and serve to define each other. By comparing and confronting the legal status of languages with sociolinguistic reality in each territory, a measure of adequacy or inadequacy of linguistic statuses may be developed. Linguistic statuses are examined under three headings: qualification (how linguistic status is implemented —constitutionally, in civil law, or administratively); quality (status of a given language, e.g., national, auxiliary, state language, regional language, territorial language not used in administration); and linguistic characterization of a territory or a political state. Examining a homogeneous element of state territory, a typology of linguistic super-imposition or of linguistic juxtaposition can be identified, in addition to possible simple unilingualism. Looking at an entire state, unilingualism is possible, as are personal bilingualism or multilingualism and territorial bilingualism or multilingualism. Switzerland, Belgium and Finland are typical cases. The present study is limited to the level of general jurolinguistic typology. It does not undertake in-depth studies of individual situations, but it does provide an introduction to the general field of the law of language. RESUMO La Statuso de la Lingvo) en Diversaj Statoj, aparte en Europo Eblas starigi klasigon de la lingvaj karakterizoj de ciu opa teritorio. Tia teritorio ne generale respondas al politika stato, kiu estas kutime lingve diversa. Por rekoni la lingvan karakteron de stato, necesas dividi gin en opajn lingvajn teritoriojn. Prijugante lingvan teritorion, socilingvisto identigas la faktan lingvouzon; male, ling-vojuristo notas la lingvon almetitan aǔ rekonitan de la legaro. Ambaǔ aliroj estas pravigeblaj, sed necesas distingi inter ili. La termino statuso en la titolo montras al lingvojura aliro. Sed ne eblas ellasi socilingvistikan aǔ etnopolitikan perspektivon. Per interkomparo de la lega statuso de lingvoj kun la socilingvistika realo en ciu opa teritorio, eblas disvolvi mezurilon de la taǔgeco aǔ netaǔgeco de lingvaj statusoj. Oni prikonsideras lingvajn statusojn laǔ tri rubrikoj; la kvalifiko (kiel oni realigas lingvan statuson —cu konstitucie, cu per la civila juro, cu administracie) ; la kvalito (la statuso de iu lingvo, ekz. nacia, helpa, štata, regiona, teritoria lingvo ne uzata en la administrado); kaj la lingva karakterizo de teritorio aǔ stato. Eblas identigi la lingvan karakterizon de unueca ero de štata teritorio; ekzistas lingvo-supermeto kaj la almeto de lingvoj flank-al-flanke, krom la simpla unulingveco. En tuta štato, eblas unulingveco, personaj dulingveco au plurlingveco, kaj teritoriaj dulingveco au plurlingveco. Svislando, Belgujo kaj Finnlando estas tipaj kazoj. La nuna studo estas limigita al la nivelo de generala lingvojura tipologio. Gi ne studas profunde opajn situaciojn, sed gi ja provizas enkondukon al la generala fako de la lingva juro.

2022 ◽  
Vol 8 ◽  
Author(s):  
Diana Mădălina Mocanu

What I propose in the present article are some theoretical adjustments for a more coherent answer to the legal “status question” of artificial intelligence (AI) systems. I arrive at those by using the new “bundle theory” of legal personhood, together with its accompanying conceptual and methodological apparatus as a lens through which to look at a recent such answer inspired from German civil law and named Teilrechtsfähigkeit or partial legal capacity. I argue that partial legal capacity is a possible solution to the status question only if we understand legal personhood according to this new theory. Conversely, I argue that if indeed Teilrechtsfähigkeit lends itself to being applied to AI systems, then such flexibility further confirms the bundle theory paradigm shift. I then go on to further analyze and exploit the particularities of Teilrechtsfähigkeit to inform a reflection on the appropriate conceptual shape of legal personhood and suggest a slightly different answer from the bundle theory framework in what I term a “gradient theory” of legal personhood.


2019 ◽  
Vol 6 (1) ◽  
pp. 90
Author(s):  
Peni Rinda

Technological developments in medicine have provided an outlet for community issues with the discovery of a new method of artificial insemination is known as in vitro fertilitization (IVF). For couples who want to have children but due to medical reasons can not obtain offspring naturally, with IVF method can obtain offspring / children. But in its development appears IVF lease term or the surrogate mother's womb, the sperm and ovum from a legitimate married another woman entered in the womb. Therefore the aim of this study to determine the legal position of surrogacy agreement as an innominaat agreement in the perspective of civil law, Islamic law national law, This research used normative juridical approach, descriptive analytical research specification, method of data collection is done with a literature study on legal materials, both primary legal materials, as well as secondary materials, then analyzed by qualitative descriptive. The results showed that a good legal position surrogacy agreement according to the Civil Law, Islamic law and national law is as the agreement is not named (innominaat) and surrogacy agreement is not allowed or unlawful. While the legal consequences of surrogacy agreements either under Civil Law, Islamic law, and national law relating to the status of children, descent problems, inheritance and other rights. The legal status of children under civil law can be a legitimate child of the surrogate mother, it could be a child outside of mating recognized, while according to Islamic law status of the child as a child of the uterus rental yields laqith, while according to national law, the legal status of the child as a foster child. This inheritance rights issue depends the legal status of the child, there is nothing not inherit (civil relationship with his mother).


2020 ◽  
Vol 4 (1) ◽  
pp. 167-176
Author(s):  
Kamil Majewski

This article addresses the problems of legal status of the so-called civil-law partnership, as specified in Art. 860 § 1 of the Polish Civil Code, from the point of view of performing the obligations in the area of counteracting money laundering and terrorism financing. First, the author provides a detailed characterization of this civil law institution and resolves that the civil-law partnership does not have legal subjectivity separate from its partners, and then points to the consequences of the above facts in the area of counteracting money laundering and terrorism financing. In conclusion, the author formulates a general conclusion that the obligations in respect of counteracting money laundering and terrorism financing, including financial safeguards, should be applied to the civil-law partnership partners, as customers in the understanding of Art. 2(2) item 10 of the Polish AML Act.


2019 ◽  
pp. 13-19
Author(s):  
T.O. Ryabchenko ◽  
D.V. Murach

The article deals with the peculiarities of becoming a constitutional-legal institute of the state language in Ukraine. The main part of the research is devoted to the analysis of the laws of origin of the considered institute, the prerequisites of the modern stage of its development, and therefore the generalization of the factors that led to the establishment and final consolidation at the legislative level of the status of the state language in the context of creating the national language of the people of Ukraine, the establishment of the Ukrainian political nation. Within the framework of this article, considerable attention is given to the characterization of the stages of the genesis of the institute of the state language, starting from the 9th to the beginning of the twentieth centuries. The author of the article emphasizes the conditions that contributed to the formation of regulations in the field of language policy in Ukraine. The subject of the study is the legal monuments of Ukraine, the legislation in force in the territory of Ukraine during the period under review, which regulated the language relations and, consequently, the approval of the state language as a legal institute. Critical analysis of the normative mechanisms of functioning of the Institute of the State Language was carried out. It is suggested to take into account certain features of the legal system, characteristic of a specific historical period of development of Ukraine. This approach, in the author’s opinion, is expedient, since it provides an opportunity to distinguish the main stages of becoming a state language as an institution of constitutional law and to understand the mechanism of constitutional and legal regulation of linguistic relations. At the same time, a chronological division of the process of formation of the state language institute into periods according to belonging to the stages of its formation was made. The regularity of the relevant division is determined, which defines the purpose of this study, and therefore, the legal characterization of the selected periods and stages of formation of the Ukrainian language, the search for regularities in their correlation. Keywords: constitutional-legal institute, state language, Ukrainian language, periods of formation of state language institute.


2008 ◽  
Vol 41 (1-2) ◽  
pp. 68-86 ◽  
Author(s):  
Yuval Shany

The debate surrounding the legal status of Gaza after Israel's disengagement in September 2005 exemplifies some of the chronic limits and deficiencies that international humanitarian law in general and the law of occupation in particular suffer from: (a) binary application—the law operates within clear-cut dichotomies and struggles with recognizing ambiguous situations; (b) varying realities—prevalent tensions between “legal reality” and the actual conditions “on the ground” cause the characterization of conflicts to be based upon different law-based and fact-based perceptions of reality: (c) inconsistent legal and policy approaches—parties to a conflict attempt to simultaneously advance different legal and political goals, which leads to a state of affairs that encourages the application of IHL in a selective and inconsistent manner; (d) chronic gaps between law as it is and law as it should be—lex lata may bring about unsatisfactory outcomes—hence, parties and commentators often attempt to modify existing laws through radical reinterpretations. Focusing on the recent debate over the status of Gaza, this Article illustrates how these four fundamental tensions hamper the application of the law of occupation in factually complicated situations.


Author(s):  
Myroslava M. Dyakovych ◽  
Mariya O. Mykhayliv

The quality of life of the population significantly depends on the level of development of medicine, including such a field as transplantology. The need for donor bodies is growing every year, which requires the development of an effective mechanism for regulating legal relations with them. The relevance of the study is due to the existence of a number of unresolved issues: uncertainty of legal relations in this area, gaps in the use of transplantation of human organs and tissues and unexplored relationship of human organ and tissue transplantation with civil law institutions. The main purpose of this article is to determine the legal status of human organs and tissues in the field of transplantation as objects of civil law. The main approach to the study was a set of methods of legal analysis, as well as comparative analysis. The basic principles of the constitutional and legal essence of donation and its civil law principles were determined. The effectiveness of legislative regulation of the issues under study in the domestic legal field, as well as in comparison with the norms of foreign countries and international law was assessed. It was established that the international legislation, the legislation of the CIS countries and developed countries generally recognise organs and tissues as objects of sui generis, limited in circulation, establishing a criminal ban on commercial donation. It is proposed to recognise them as special objects of civil law of property nature within the framework of the civil law approach to the legal essence of donor organs and tissues. The author classification of donor organs according to the criterion of their availability was developed. The main problematic issues regarding the determination of ownership rights to donor organs were analysed. The main elements of the mechanism of realisation of the subjective right to donation as forms of realisation of the constitutional and civil right of a person to life, and also forms of realisation of the legal status of the subject of the right to donation were defined. It is proposed to include in the Constitution of Ukraine a separate article on the settlement of the issue of analysis. The practical significance of the obtained results is that the information presented in the study can be applied in legislative and judicial practice, in teaching, the proposed measures can be used as a basis for reforming and improving the domestic donation system


2018 ◽  
Vol 12 (1) ◽  
pp. 133-146
Author(s):  
Li’izza Diana Manzil

One sign of the rapidly growing world of medical science is its success in making one discovery about Deoxrybo Nucleid Acid (DNA). Islam does not prohibit the practice of DNA identification because it can be used in determining the legal status of relative relationships and related marital prohibitions among families because of the similarity of DNA genes between parents and their children. In Islam marriage prohibition can also occur between brothers and sisters. DNA identification can be done between siblings as a result of the presence of gene elements in breast milk. In addition, breast milk can also develop bone and grow meat if breastfeeding at least five times suction. But the results of DNA tests conducted between siblings cannot be more accurate if done to find relationships of parents and children. From this it clearly proves that Islamic medicine has an urgent value to Islamic law. This can be seen from one of its axiology in determining the status of brotherhood.


2018 ◽  
Vol 33 (2) ◽  
Author(s):  
Mbuzeni Mathenjwa

The history of local government in South Africa dates back to a time during the formation of the Union of South Africa in 1910. With regard to the status of local government, the Union of South Africa Act placed local government under the jurisdiction of the provinces. The status of local government was not changed by the formation of the Republic of South Africa in 1961 because local government was placed under the further jurisdiction of the provinces. Local government was enshrined in the Constitution of the Republic of South Africa arguably for the first time in 1993. Under the interim Constitution local government was rendered autonomous and empowered to regulate its affairs. Local government was further enshrined in the final Constitution of 1996, which commenced on 4 February 1997. The Constitution refers to local government together with the national and provincial governments as spheres of government which are distinctive, interdependent and interrelated. This article discusses the autonomy of local government under the 1996 Constitution. This it does by analysing case law on the evolution of the status of local government. The discussion on the powers and functions of local government explains the scheme by which government powers are allocated, where the 1996 Constitution distributes powers to the different spheres of government. Finally, a conclusion is drawn on the legal status of local government within the new constitutional dispensation.


2016 ◽  
Vol 3 (1) ◽  
pp. 115-131
Author(s):  
Mbuzeni Mathenjwa

The place and role of local government within the structure of government in Africa has attracted much public interest. Prior to and after independence, African countries used local government as the administrative units of central governments without their having any legal status, to the extent that local authorities were under the strict control of central governments. The autonomy of local government is pivotal in the democratisation of a country. The United Nations, European Union and African Union have adopted treaties to promote the recognition and protection of local government in the state parties’ constitutions. Accordingly, this article explains the status of local government in Africa and its impact on strengthening democracy in African states.


Author(s):  
Detlef Liebs

Abstract Four kinds of Romans in the Frankish kingdoms in the 6th to 8th centuries. Roman law texts from Merowingian Gaul make a difference between cives Romani, Latini and dediticii, all considered as Romans. This difference mattered only to slaves who had been freed. The status of Latin and dediticius was hereditary, whereas the descendants of one who had been freed as civis Romanus were free born Romans, who should be classified as a proper, a fourth kind of beeing Roman; it was the standard kind. The difference was important in civil law, procedural law and criminal law, especially in wergeld, the sum to be payed for expiation when somebody had been killed: Who had killed a Roman, had to pay different sums according to the status of the killed.


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