15. The role and status of charities

2018 ◽  
Author(s):  
Robert Pearce ◽  
Warren Barr
Keyword(s):  
Everyday Life ◽  
England And Wales ◽  
Legal Definition ◽  
Major Disaster ◽  
The Everyday ◽  
Good For ◽  
The Law ◽  
Definition Of

This chapter considers the nature and benefits of an organization gaining charitable status. Charity, in the sense of doing good for one’s fellow man, is often linked with philanthropy, which is the desire to promote the welfare of others. However, the legal definition of ‘charity’ is one that is carefully controlled because of the advantages that organizations which are classed as charities at law enjoy. Nevertheless, it includes a variety of purposes, which affect of the everyday life of citizens. Many people in England and Wales have real, if unknowing, contact with the law of charitable trusts, whether they are putting a small donation into collection boxes or envelopes, putting something into a collection at church, signing a Gift Aid declaration on admission to National Trust properties, contributing regularly through payroll giving schemes, or responding to major disaster appeals.

scholarly journals ‘Oh you're a guy, how could you be raped by a woman, that makes no sense’: towards a case for legally recognising and labelling ‘forced-to-penetrate’ cases as rape

2017 ◽  
Vol 14 (01) ◽  
pp. 110-131 ◽  
Author(s):  
Siobhan Weare
Keyword(s):  
Lived Experiences ◽  
Male Victims ◽  
England And Wales ◽  
Male Victim ◽  
Legal Definition ◽  
Female Perpetrators ◽  
Female Perpetrator ◽  
The Law ◽  
Definition Of

AbstractThe existing legal definition of rape in England and Wales is gendered, only recognising men as offenders. The law also only recognises as victims of rape those who are penetrated by a penis, either vaginally, anally or orally. This therefore excludes the female perpetrator–male victim paradigm, and more specifically those cases where male victims are ‘forced to penetrate’ female perpetrators. This paper argues that consideration needs to be given to legally recognising and thus labelling forced-to-penetrate cases as rape. Applying a methodology that draws upon the lived experiences of male victims, it is argued that there are significant similarities between compelled-penetration cases and those cases legally recognised as rape, not only because they both involve non-consensual penile penetration, but because there are clear similarities in the aggressive strategies used by perpetrators and the subsequent harms experienced by victims.

Clive Bell’s "Metaphysical Hypothesis" and Everyday Aesthetics

2021 ◽  
Vol 1 ◽  
pp. 53-60
Author(s):  
Thomas Leddy ◽  
Keyword(s):  
Everyday Life ◽  
Contemporary Art ◽  
Philosophy Of Art ◽  
Social Meaning ◽  
Surface Level ◽  
Everyday Aesthetics ◽  
The Everyday ◽  
Deep Meaning ◽  
Definition Of ◽  
Formal Properties

Clive Bell’s Art, published in 1913, is widely seen as a founding document in contemporary aesthetics. Yet his formalism and his attendant definition of art as “significant form” is widely rejected in contemporary art discourse and in the philosophy of art. In this paper I argue for a reconsideration of his thought in connection with current discussions of “the aesthetics of everyday life.” Although some, notably Allen Carlson, have argued against application of Bell’s formalism to the aesthetics of everyday life, I claim that this is based on an interpretation of the concept that is overly narrow. First, Li Zehou offers an interpretation of “significant form” that allows in sedimented social meaning. Second, Bell himself offers a more complex theory of significant form by way of his “metaphysical hypothesis,” one that stresses perception of significant form outside the realm of art (for example in nature or in everyday life). Bell’s idea that the artist can perceive significant form in nature allows for significant form to not just be the surface-level formal properties of things. It stresses depth, although a different kind than the cognitive scientific depth Carlson wants. This is a depth that is consistent with the anti-dualism of Spinoza, Marx and Dewey. Reinterpreting Bell in this direction, we can say we are moved by certain relations of lines and colors because they direct our minds to the hidden aspect of things, the spiritual side of the material world referred to by Spinoza and developed by Dewey in his concept of experience. Bell hardly “reduces the everyday to a shadow of itself,” as Carlson puts it, since the everyday, as experienced by the artist or the aesthetically astute observer, has, or potentially has, deep meaning. If we reject Bell’s dualism and his downgrading of sensuous experience, we can rework his idea of pure form to refer to an aspect of things detached, yes, from practical use, but not from particularity or sedimented meaning, not purified of all associations.

Why creative tourism won't work if residents are not involved: a tale of two cities.

2021 ◽  
pp. 192-198
Author(s):  
Kathleen Scherf
Keyword(s):  
Everyday Life ◽  
Cultural Analysis ◽  
Community Or ◽  
The Everyday ◽  
Two Cities ◽  
Definition Of

Abstract Every definition of creative tourism cites, in some form, the necessity of a positive and productive relationship between residents and tourists, whether it is expressed as visitors engaging in the everyday life of the community, or as visitors learning from residents a creative skill unique to that location. The study provides comparison of the creative tourism situation for Copenhagen and Barcelona in terms of demography and cultural analysis.

Visually Handicapped People and the Law

1987 ◽  
Vol 81 (2) ◽  
pp. 53-58 ◽  
Author(s):  
V.E. Bishop
Keyword(s):  
Final Section ◽  
Case Law ◽  
Legal Definition ◽  
Legal Precedent ◽  
Legal Position ◽  
Handicapped People ◽  
The Law ◽  
Definition Of ◽  
Visually Handicapped

This paper explores the definitional problems of visual handicaps, especially in terms of the legal definition of blindness. A brief history is given of the laws concerning visually handicapped people, and a discussion of case law describes legal precedent. A final section presents suggestions for strengthening the legal position of visually handicapped people in future litigation.

scholarly journals Lies, Collateral Lies and Insurance Claims: The Changing Landscape in Insurance Law

2018 ◽  
Vol 22 (2) ◽  
pp. 237-265
Author(s):  
Baris Soyer
Keyword(s):  
Common Law ◽  
Good Faith ◽  
Insurance Fraud ◽  
England And Wales ◽  
Insurance Law ◽  
Significant Challenge ◽  
The Common ◽  
Utmost Good Faith ◽  
The Law ◽  
Definition Of

Determining the scope of the fraudulent claims rule in insurance law has posed a significant challenge for the courts, particularly in the last two decades. In the shadow of the doctrine of utmost good faith, the law in this area has developed in an uncompromising fashion introducing draconian remedies against an assured who submits a fraudulent claim. The Supreme Court's most recent intervention has provided much needed guidance on the state of the law. This article, taking into account the fact that in other areas of law more proportionate remedies have gradually been introduced, discusses the boundaries of the fraudulent claims rule in insurance law as it applies in England and Wales and Scotland. Considering that the insurers might be tempted to introduce fraudulent claims clauses into their contracts to expand the common law definition of insurance fraud at the claims stage, this article also evaluates the wording of such clauses often used in practice and concludes that they lack the desired clarity.

scholarly journals Penyelesaian Sengketa Para Pihak di Bidang Bisnis melalui Arbitrase

to-ra ◽  
2016 ◽  
Vol 2 (1) ◽  
pp. 305
Author(s):  
Nurdin Siregar ◽  
Radisman Saragih
Keyword(s):  
Everyday Life ◽  
The Other ◽  
Legal Certainty ◽  
The Public ◽  
The Core ◽  
Arbitration Clause ◽  
Good For ◽  
The Law ◽  
Core Issues ◽  
Made In

Arbitration is a way of solving civil disputes outside the public courts based the arbitration agreement made in writing by the parties to the dispute. The arbitration agreement is an agreement in the form of the arbitration clause contained in a written agreement made by the parties before a dispute arises or a separate arbitration agreement made by the parties after a dispute arises. In everyday life with various activities of members of today’s society, immense possibility of friction-friction in running business and trade that ended with disputes between members of the public and businesses. In efforts to completion, it would seem that this form of dispute diversity define the core issues then this diversity will be easy settlement with the provisions and rules of law that are sure to be able to look for the solution either arbitration or by mediation, consulting, negotiations, konsialiasi. The arbitration decision will be implemented after the verdict copy officially registered, but the arbitration ruling in accordance with the provisions of the law Arbitration can still be filed annulment if the decision is thought to contain elements, letters or documents are filed in the examination after the verdict recognized dinyataakan counterfeit or fake, after adjudication documents found prescriptive, which is hidden by the other party or the decision taken on the results of a ruse conducted by one of the parties in the dispute. That for legal certainty associated with the judiciary also good for the winning side and the decision is legally binding.   Kata Kunci: Penyelesaian sengketa bisnis melalui arbitrase  

Meaning and Value in the Everyday

Waste ◽  
2018 ◽  
pp. 1-16
Author(s):  
Eiko Maruko Siniawer
Keyword(s):  
Everyday Life ◽  
Postwar Japan ◽  
The Everyday ◽  
History Of ◽  
Definition Of

The Introduction suggests an expansive conception of waste which can encompass anything, material or not, which can be used and disused. Illustrating how an examination of waste can reveal what people find valuable and meaningful, this capacious definition of waste and its inextricability from everyday life are traced and pursued through the history of postwar Japan.

scholarly journals The Procedure for the Official Publishing of Regulatory Legal Acts as a Source of Russian Law

2021 ◽  
pp. 13-17
Author(s):  
Olesya Kazantseva
Keyword(s):  
Law Enforcement ◽  
Scientific Article ◽  
Official Publication ◽  
Legal Definition ◽  
Russian Law ◽  
The Law ◽  
Definition Of

The article is aimed at the study of the procedure for publishing of regulatory legal acts in accordance with Russian legislation. Normative legal acts affecting the rights, freedoms and duties of man and citizen are the most important source of Russian law and should be officially published. It is with this fact that the law connects their entry into force. Given that there are no legal definitions of a regulatory legal act, official text, publication, problems arise in law enforcement practice. In addition, the diversity of normative acts by the level of their adoption indicates the diversity of sources of their official publication. This scientific article has been delivered in order to determine the rules for the publishing of laws and other regulations, national and international documents. The author concludes that it is necessary to improve legislation in field and the legal definition of the concepts under study.

scholarly journals Establishment of things

2006 ◽  
Vol 78 (9) ◽  
pp. 413-441
Author(s):  
Janko Kubinjec
Keyword(s):  
Property Rights ◽  
Civil Law ◽  
Property Law ◽  
Human Relationship ◽  
Legal Concept ◽  
Legal Definition ◽  
The Law ◽  
Definition Of

Legal concept of person is to be constituted, while the legal concept of thing is to be established. Legal concept of thing is a metaphysical category that shall be differentiated from the positive-legal definition of thing as an empirical phenomenon, as well from the natural thing, which is also as an empirical phenomenon. Legal concept of thing is a spiritual phenomenon, which belongs to the field of objective spirit. The thing is the basis for the entire civil law. The wrong conclusion that civil law starts with ownership and ownership with possession, is based on the so called naturalistic error. For the title, the thing is primarily a freedom for the person, while the mortgage is the border with which the owner is confronted. At the point where freedom overflows from person to thing we have erga omnes effect of property rights. It is not possible to clearly and materially differentiate person from the thing without defining the law as the freedom, and without making this distinction, the persons can also be defined as res cogitans. In the property law, the essence is manifested through the human relationship. In the law of the contracts and torts the thing is neglected up to the point where we come to property, and point where property becomes the claim. If, in addition to that, directly natural refutation of things is produced, we are faced with the legal concept of damages. In the authentic law, the succession is always the concept pertaining to things and only in the non authentic law it may be the concept pertaining to persons.

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