scholarly journals A life’s work in the Children’s Court Clinic: the historical development of the Clinic in the forensic field and the politics impacting on the Court Clinic and now on the law

2019 ◽  
Vol 26 (5) ◽  
pp. 709-723
Author(s):  
Patricia Brown
Keyword(s):  
Historical Development ◽  
The Law ◽  
Children's Court ◽  
Children’S Court

Comparison of Children's Court Law with Child Criminal Justice System Law

2021 ◽  
Author(s):  
Herman B
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Legal Protection ◽  
Analysis Approach ◽  
Criminal Cases ◽  
The Law ◽  
Children's Court ◽  
Children’S Court

The purpose of this writing is to determine the examination of the child from the case of the arrangement of the Child Facing The Law in the Court according to the Law of the Children's Court with the Law of the Criminal Justice System of the Child. This research uses normative research supported by legal approach, analysis approach, and case approach. The results showed Law No. 3 of 1997 on The Children's Court was, in principle, born to protect and care for children in conflict with the law. However, it turns out that legally the Children's Court Law is not able to provide legal protection against Children Facing the Law. Therefore, Law No. 11 of 2012 on The Criminal Justice System of Children was born to replace the Children's Court Law. In the event of a change in the Law, there are striking differences in the handling of issues relating to children in the examination of criminal cases in court

Historical Development

2018 ◽  
Author(s):  
Kubo Mačák
Keyword(s):  
International Law ◽  
Historical Development ◽  
General Trend ◽  
Armed Conflicts ◽  
Fundamental Transformation ◽  
State Actors ◽  
The Law ◽  
State Relations ◽  
Inter State ◽  
State Territory

This chapter traces the development of the law of belligerent occupation in order to identify trends relevant to the regulation of internationalized armed conflicts. It observes that despite the general grounding of this body of law in a state-centric paradigm, several isolated developments have contemplated the possibility of non-state actors becoming belligerent occupants of a portion of state territory. Moreover, the chapter highlights that the law of belligerent occupation has undergone a fundamental transformation as part of a general trend of individualization and humanization of international law. Therefore, it is no longer simply a brake on inter-state relations and a protector of states’ interests and institutions. Instead, the law has gradually brought individuals’ interests to the fore, putting persons before institutions and individuals before states. Overall, the chapter uncovers the historical reasons that support an extensive view of the applicability of the law of occupation to modern internationalized armed conflicts.

Rescission or Variation of Children's Court Orders: A Study of Section 90 Applications in New South Wales

2012 ◽  
Vol 37 (2) ◽  
pp. 69-75 ◽  
Author(s):  
Patricia Hansen
Keyword(s):  
New South ◽  
New South Wales ◽  
Community Services ◽  
Parental Responsibility ◽  
South Wales ◽  
Court Orders ◽  
Children's Court ◽  
Children’S Court

This article reports on a study of Children's Court files relating to completed applications for variation of care orders (section 90 applications) in three specialised Children's Courts in New South Wales. All files that could be located for completed applications were reviewed and nonidentifying data was recorded. The study attempted to examine the type of applications, the characteristics of applicants and the outcomes of the applications. One hundred and seventeen applications were reviewed: almost half of these were made by the then Department of Community Services (DoCS), and about the same proportion of applications were made by parents. After the section 90 applications were determined there was an increase in care orders allocating parental responsibility to the Minister for Community Services with 73% of the children placed under the care of the minister to age 18.

Insanity and Divorce

1892 ◽  
Vol 38 (162) ◽  
pp. 378-382
Author(s):  
A. Wood Renton
Keyword(s):  
Critical Analysis ◽  
Historical Development ◽  
The Subject ◽  
The Law

In view of the interest which the subject is at present arousing, a critical analysis of the historical development of the law of insanity in its relation to divorce may be neither inopportune nor uninstructive.

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>

The 'Law' of Uneven and Combined Development: Some Underdeveloped Thoughts

2007 ◽  
Vol 15 (1) ◽  
pp. 145-165 ◽  
Author(s):  
Marcel van der Linden
Keyword(s):  
Head Start ◽  
Predictive Value ◽  
Historical Development ◽  
Explanatory Power ◽  
Social Mechanism ◽  
Uneven And Combined Development ◽  
Leon Trotsky ◽  
The Law ◽  
Recurrent Patterns

AbstractThis paper presents a critical reconstruction of the main Marxist debates about the idea of 'leaps forward' in historical development. There have been two important approaches: the so-called 'law of uneven and combined development', as developed by Leon Trotsky, George Novack and Ernest Mandel, and Jan Romein's 'handicap of a head start'. Although Romein's approach is Stalinist in origin, elements of it are compatible with Trotsky's interpretation. But, even an expanded version of the 'law' of uneven and combined development lacks predictive value, although one can say with certainty in hindsight whether a combined development has taken place. It is argued that the 'law' is, in fact, an underspecified social mechanism and that its explanatory power can be increased by identifying a number of recurrent patterns.

The Age of Development and Continuity, 12th–15th Centuries CE

2015 ◽  
pp. 436-458
Author(s):  
Marion Katz
Keyword(s):  
Real World ◽  
Historical Development ◽  
Islamic Law ◽  
Legal Theory ◽  
Intellectual Functioning ◽  
The Law ◽  
Legal Judgments ◽  
Legal Opinion

This article examines the historical development and social and intellectual functioning of Islamic law in the twelfth through fifteenth centuries. In particular, it considers the progressive stabilization and institutionalization of the four classical Sunni madhhabs (schools of law) and the corresponding developments in Imami Shi‘ism; developments in legal theory (usul al-fiqh); and the practical administration of the law. It also discusses the various forms of ijtihad and taqlid that could generate new legal rulings, along with the textual forms and real-world interactions within which legal judgments were sought and expressed. Finally, it looks at the fatwa, which consists of a legal opinion issued in response to an inquiry (istifta’).

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