9. Authorities – advanced considerations

How to Moot ◽  
2010 ◽  
Author(s):  
John Snape ◽  
Gary Watt
Keyword(s):  
Personal View ◽  
The Status ◽  
The Law ◽  
The Times ◽  
Better Than

This chapter discusses what it means to ‘handle precedent’, to ‘interpret statutes’, and to do justice ‘fitted to the needs of the times in which we live’. It provides answers to the following questions: When and how should policy arguments be used? How should foreign case names be pronounced in a moot? What is the correct way to refer to a case? Is it acceptable to give a personal view of the relevant law? When is an authority binding on a moot court? How can one escape from an inconvenient authority? In what circumstances can a case be overruled? How and when can a case be distinguished in law from another? How and when can a case be distinguished on its facts from another? What is the distinction between a judge's finding of fact and his or her decision on the law? What is the status of a judgment of the Divisional Court? Is a ‘Jessel’ better than a ‘Kekewich’? When is a change in the law a matter for Parliament and when is it a matter for the courts?

scholarly journals IJTIHAD ‘UMAR IBN AL-KHAṬṬĀB DALAM PERSPEKTIF HUKUM PROGRESIF

Al-Ahkam ◽  
2016 ◽  
Vol 26 (1) ◽  
pp. 49
Author(s):  
Tasnim Rahman Fitra
Keyword(s):  
Comparative Method ◽  
Legal Reform ◽  
Status Quo ◽  
Fundamental Difference ◽  
The Status ◽  
The Subject ◽  
The Law ◽  
The Times

<p>This article aims to describe ijtihad ‘Umar ibn al-Khaṭṭāb that have unique characteristics. The ijtihād of ‘Umar was based on the Qur'an and hadith, and the example of salaf al-ṣāliḥīn. The understanding of the naṣ is done by ‘Umar contextually, so as to produce ideas that suit with the needs of ummat and fair. With the comparative method, this paper further compares the ijtihād of ‘Umar with the concept of Progressive Law initiated by Satjipto Rahardjo because of their similar characteristics. The paradigm of Progressive Law is that the law solely to humans, so the law must be present for human’s maṣlaḥat. It’s also reject the status quo in the law. Between the ijtihad of ‘Umar and the Progressive laws in general have similar characteristics, both in terms of interest and the position of man as the subject of law. They are also similar in terms of potential legal reform in accordance with the times, change of venue, and the socio-historical conditions. The fundamental difference of both lies in the meanings of maṣlaḥat and the maṣlaḥat standardization.</p><p><strong><br /></strong></p><p>Artikel ini bertujuan untuk mendiskripsikan ijtihad ‘Umar ibn al-Khaṭṭāb yang memiliki karakteristik yang unik. Ijtihad ‘Umar didasarkan pada al-Qur’an dan hadis, dan apa yang<br />dicontohkan orang saleh sebelumnya. Pemahaman terhadap naṣ oleh ‘Umar dilakukan secara kontekstual, sehingga menghasilkan produk pemikiran yang sesuai dengan kebutuhan ummat dan adil. Dengan metode komparatif, tulisan ini selanjutnya membandingkan ijtihad ‘Umar dengan konsep hukum Progresif yang digagas oleh Satjipto Rahardjo karena dinilai memiliki kesamaan karakreristik. Hukum Progresif memiliki paradigma bahwa hukum semata-mata untuk manusia, sehingga hukum harus hadir demi kebaikan manusia dan menolak adanya status quo dalam hukum. Analisis terhadap keduanya menghasilkan pemahaman bahwa antara ijtihad ‘Umar dan hukum Progresif secara umum memiliki kesamaan karakteristik, baik dari segi tujuan maupun posisi manusia sebagai yang dikenai hukum. Mereka juga sama dalam hal potensi pembaharuan hukum sesuai dengan perkembangan zaman, perubahan tempat, dan kondisi sosio-historis. Perbedaan mendasar pada keduanya yaitu makna maslahat dan<br />standarisasi maslahat yang menjadi landasan.</p>

THE STATUS OF WOMEN IN THE INDEPENDENT AUDITOR'S PROFESSION: ANKARA PROVINCIAL RESEARCH

2021 ◽  
Vol 7 (44) ◽  
pp. 2243-2252
Author(s):  
Burcu DOĞAN ◽  
Erdem HĠLAL
Keyword(s):  
Legal Status ◽  
Significant Proportion ◽  
Accounting Profession ◽  
Accounting Scandals ◽  
The World ◽  
The Status ◽  
Independent Auditors ◽  
The Law ◽  
The Times ◽  
Status Of Women

In our country, the accoutancy profession gained legal status on 13 June 1989 with the law numbered 3568. For more than 30 years, the requirements of the profession have been shaped by the law numbered 3568 for the activities of the accounting profession to keep up with the times. The audit profession and accountants were questioned after the accounting scandals that shook the whole World in the 2000. After the scandals in the profession, necessary steps were taken for the advent of the profession in our country as well as in the Word. The aim of this study is to examine the changes in the number of people who prefer in the light of these developments in the profession. İn light of the developments in the World, as a result of the increasing importance of the independent auditor’s profession, it is to determine the number of female auditors who perform the financial consultancy and subsequently continue their activities as auditors. Working in Ankara is the reason for choosing not constitute a significant proportion of the total number of financial advisory and auditing profession in Turkey. İn this study revealed how less female independent auditors perform this profession compared to male professionals. For this purpose, Ankara were examined by determining the number of women in proportion to the number of auditors and independent auditors in Turkey are given.

TINJAUAN HUKUM FIKIH TERHADAP HADIAH TABUNGAN DAN GIRO DARI BANK SYARI'AH

ALQALAM ◽  
2013 ◽  
Vol 30 (1) ◽  
pp. 1
Author(s):  
Muhammad Nadratuzzaman Hosen ◽  
Deden Misbahudin Muayyad
Keyword(s):  
Islamic Law ◽  
Islamic Banks ◽  
Islamic Bank ◽  
Literature Reviews ◽  
The Gift ◽  
The Status ◽  
The Law

This article explains about the Islamic law of gift from Bank to customers related to saving and gyro accounts of Islamic Bank. The Islamic Banks give gift directly  and  indirectly  to  new  ettstomers  and  old  customers  through drawing  (qur'ah) or lottery and non-drawing. There are disputes (ikhtilaf) among Islamic Law  Experts (Fuqaha’) about the status of law when Islamic Banks give the gift. Hanafi and  Syafi'i  Schools  of thought  opined  that  the gift  can  be given  to  the customers as long as there is no agreement between bank and costomers meanwhile the banks still have a debt to consumers, this is permissible. Maliki and Hanbali schools opined that the gift is not permissible during the time of borrowing and lending. Majority Islamic Exsperts allow to give gift after banks have already paid­ back the debt to consumers as long as there is no agreement between bank and cusiomers, but Maliki School do not allow lo give gift at that condition. Also, for giving gift should free from gambling or elements of gambling (muqamarah).  The method of this article is using literature reviews from classical Islamic Law's books and contemporary Islamic law's books related to drawing or lottery and gambling, meanwhile the aims if this mticle are to investigate the law status if gift from bank to new customers and old customers with direct and indirect ways.   Keywords : gift, saving and gyro accounts, disputes, drawing and elements of gambling

SOCIAL RESPONSIBILITY OF THE COURT AS A PREREQUISITE FOR THE LEGAL RESPONSIBILITY OF A JUDGE

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Social Responsibility ◽  
Legal Responsibility ◽  
Court Cases ◽  
Council Of Europe ◽  
The Public ◽  
The Social ◽  
Modern System ◽  
The Status ◽  
The Law ◽  
Conceptual Foundations

The article reveals the conceptual foundations of the social responsibility of the court as an important prerequisite for the legal responsibility of a judge. It has been established that the problem of court and judge liability is regulated by the following international and Ukrainian documents, such as: 1) European Charter on the Law «On the Status of Judges» adopted by the Council of Europe; 2) The Law of Ukraine «On the Judicial System and the Status of Judges»; 3) the Constitution of Ukraine; 4) The Code of Judicial Ethics, approved by the Decision of the XI (regular) Congress of Judges of Ukraine; 5) Recommendation CM/Rec (2010) 12 of the Cabinet of Ministers of the Council of Europe to member states regarding judges: independence, efficiency and responsibilities; 6) Bangalore Principles of Judicial Conduct. The results of a survey conducted by the Democratic Initiatives Foundation and the Razumkov Center, the Council of Judges of Ukraine and the Center for Judicial Studios with the support of the Swiss Agency for Development and Cooperation based on the «Monitoring of the State of Independence of Judges in Ukraine – 2012» as part of the study of the level of trust in the modern system were considered and analyzed, justice, judges and courts. It is determined that a judge has both a legal and a moral duty to impartially, independently, in a timely manner and comprehensively consider court cases and make fair judicial decisions, administering justice on the basis of legislative norms. Based on the study of the practice of litigation, it has been proven that judges must skillfully operate with various instruments of protection from public influence. It has been established that in order to ensure the protection of judges from the public, it is necessary to create special units that will function as part of judicial self-government bodies. It was proposed that the Council of Judges of Ukraine, which acts as the highest body of judicial self- government in our state (in Ukraine), legislate the provision on ensuring the protection of the procedural independence of judges.

CIVIL AND LEGAL LIABILITY OF JUDGES

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Human Rights ◽  
Pension System ◽  
Legal Liability ◽  
Judicial System ◽  
Constitutional Court ◽  
Model Code ◽  
European Court ◽  
The Status ◽  
The Law ◽  
The Right

The article presents the conceptual foundations of bringing judges to civil and legal liability. It was found that the civil and legal liability of judges is one of the types of legal liability of judges. It is determined that the legislation of Ukraine provides for a clearly delineated list of the main cases (grounds) for which the state is liable for damages for damage caused to a legal entity and an individual by illegal actions of a judge as a result of the administration of justice. It has been proved that bringing judges to civil and legal liability, in particular on the basis of the right of recourse, provides for the payment of just compensation in accordance with the decision of the European Court of Human Rights. It was established that the bringing of judges to civil and legal liability in Ukraine is regulated by such legislative documents as the Constitution of Ukraine, the Civil Code of Ukraine, the Explanatory Note to the European Charter on the Status of Judges (Model Code), the Law of Ukraine «On the Judicial System and the Status of Judges», the Law of Ukraine «On the procedure for compensation for harm caused to a citizen by illegal actions of bodies carrying out operational-search activities, pre-trial investigation bodies, prosecutors and courts», Decision of the Constitutional Court of Ukraine in the case on the constitutional submission of the Supreme Court of Ukraine regarding the compliance of the Constitution of Ukraine (constitutionality) of certain provisions of Article 2, paragraph two of clause II «Final and transitional provisions» of the Law of Ukraine «On measures to legislatively ensure the reform of the pension system», Article 138 of the Law of Ukraine «On the judicial system and the status of judges» (the case on changes in the conditions for the payment of pensions and monthly living known salaries of judges lagging behind in these), the Law of Ukraine «On the implementation of decisions and the application of the practice of the European Court of Human Rights».

Graphic design practice of an image for the Chinese character for "鼓 Drum"

2019 ◽  
Author(s):  
POHSUN WANG
Keyword(s):  
Design Thinking ◽  
Chinese Character ◽  
Science And Technology ◽  
Point Of View ◽  
Learning Design ◽  
Design Practice ◽  
Cultural Issues ◽  
Artistic Value ◽  
The Status ◽  
The Times

Basic shape is one of the most important components of the learning design process. Using Western design thinking to understand shape, color and composition layout and attempting to reinterpret the application of traditional calligraphy from a design point of view—whether it is the expression of form or the meaning of content—are both important aspects of design thinking. The writing patterns of traditional calligraphy and the design creation of modern experiments may have different biases. If the artistic value of "the brush and ink of the time" is compared to the science and technology of innovation as the main appeal, the expressiveness of the traditional writing mode is obviously difficult to achieve. Using science and technology as an option for design creation is a difficult way to proceed; however, technology, ideas and thinking can still be in sync with the cultural issues of an entire era. This is also the test of the times to which contemporary creations are subjected. There are infinite possibilities for development, and it is worthwhile to explore these possibilities together with artistic aspirants. On the other hand, if we follow the well-beaten path of the status quo, the creativity of traditional calligraphic art will wither, it will deviate from the larger environment of the era in which it operates, and it will inevitably be neglected and pushed out by other art categories. The design and creation process uses the traditional calligraphy characters and drums as the theme, assisted by digital tools in the creation, and finally transforms the traditional calligraphy visual form into an expression of the art of science and technology.

scholarly journals Belt v Lawes and the Meaning of Authorship

2021 ◽  
pp. 174387212110268
Author(s):  
Amitpal C. Singh
Keyword(s):  
Royal Academy ◽  
Artistic Process ◽  
Vanity Fair ◽  
The Status ◽  
Historical Episode ◽  
The Law

The 1882 Belt v. Lawes libel trial centered around aesthetic questions, of precisely the kind that judges usually seek to avoid. The occasion for the dispute was an article in Vanity Fair by Charles Lawes, asserting that Richard Belt, a sculptor and member of the Royal Academy of Arts, relied on his assistants to do his work. At trial, Lawes proposed an artistic skills test of sorts, suggesting that Belt verify his abilities by executing a sculpture in the courtroom. This evidentiary drama, and the aesthetically freighted-arguments mustered by the parties at trial, make it a fruitful historical episode to study conceptions of authorship and the artistic process, the development of modern copyright doctrine, and the status of expert artistic testimony in the law.

General Models for Automated Essay Scoring: Exploring an Alternative to the Status Quo

2005 ◽  
Vol 33 (1) ◽  
pp. 101-113 ◽  
Author(s):  
P. Adam Kelly
Keyword(s):  
Empirical Evidence ◽  
Writing Assessment ◽  
Model Performance ◽  
Status Quo ◽  
Automated Essay Scoring ◽  
The Status ◽  
Essay Scoring ◽  
Better Than

Powers, Burstein, Chodorow, Fowles, and Kukich (2002) suggested that automated essay scoring (AES) may benefit from the use of “general” scoring models designed to score essays irrespective of the prompt for which an essay was written. They reasoned that such models may enhance score credibility by signifying that an AES system measures the same writing characteristics across all essays. They reported empirical evidence that general scoring models performed nearly as well in agreeing with human readers as did prompt-specific models, the “status quo” for most AES systems. In this study, general and prompt-specific models were again compared, but this time, general models performed as well as or better than prompt-specific models. Moreover, general models measured the same writing characteristics across all essays, while prompt-specific models measured writing characteristics idiosyncratic to the prompt. Further comparison of model performance across two different writing tasks and writing assessment programs bolstered the case for general models.

3. On the Lunar Diurnal Variation of Magnetic Declination at Trevandrum, near the Magnetic Equator

1872 ◽  
Vol 7 ◽  
pp. 756-758
Author(s):  
J. A. Broun
Keyword(s):  
Diurnal Variation ◽  
Diurnal Variations ◽  
Magnetic Equator ◽  
Magnetic Declination ◽  
The Law ◽  
The Times

The author gives the results derived from different discussions of nearly eighty thousand observations, made hourly during the eleven years 1854 to 1864. They are as follows:—1. That the lunar diurnal variation consists of a double maximum and minimum in each month of the year.2. That in December and January the maxima occur near the times of the moon's upper and lower passages of the meridian; while in June and July they occur six hours later, the minima then occurring near the times of the two passages.3. The change of the law for December and January to that for June and July does not happen, as in the case of the solar diurnal variations, by leaps in the course of a month (those of March and October), but more or less gradually for the different maxima and minima.

scholarly journals RELATIVE IMPACTS OF DIFFERENT DIETS ON THE QUALITIES OF ERI SILK COCOON AND ERI SILK YARN OF FOUR DIFFERENT MUTANTS STRAINS OF PHILOSAMIA RICINI Bsd.

2016 ◽  
Vol 4 (11) ◽  
pp. 77-81
Author(s):  
Akhilesh Kumar Gahlaut ◽  
Arjun
Keyword(s):  
Food Plants ◽  
Relative Impact ◽  
Shell Weight ◽  
Silk Cocoon ◽  
Average Production ◽  
The Status ◽  
Average Size ◽  
Eri Silk ◽  
Better Than ◽  
Silk Yarn

The relative impact of different food plants (diets) namely foliages of castor, kesseru , payam and Topioca plants on the four different mutant strain viz; yellow plain, yellow zebra ,G.B Plain ,G.B Zebra in respect of qualities of their eri cocoon and eri silk yarn have been evaluated under the reeling parameters.Result indicate that among the four different food plants like foliages of castor followed by kesseru have been found evidently better than the foliages of payam and Topiocal in respect of average cocoon weight (gm)4.10,3.55,3.98,3.10,Average shell weight (gm) 0.55,0.45,0.52,0.41,Average shell ratio 13.91,12.0,13.0,11.55,Average lengt- h of  silk yarn (mtrs) 2510,2350,2498,2285,Average size of erisilk(D)13D,11D,12D,19D,Average production of eri silk per hr(gm)13.70,12.50,13.10,11.95,Average tenacity of fibre (g/d) 14.0,11.0,12.0,10.0.As far as qualitative differences of all the four food plants in relation to qualities of eri cocoon and eri silk yarn are concerned the castor alongwith kesseru food plants have achieved the status of supremacy primary food plant and payam and tapioca the states of secondary food plants .These variation show that the qualities and production of eri silk cocoon and eri silk yarn depends on the different food plants.

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