Legal Systems

2019 ◽  
pp. 127-155
Author(s):  
Kevin Vallier
Keyword(s):  
Social Trust ◽  
Moral Authority ◽  
Legal Systems ◽  
Moral Sentiments ◽  
Legal Coercion ◽  
Moral Rules ◽  
The Law ◽  
The Right

Previous chapters argue that maintaining a system of social trust in the right way requires that our shared moral rules be publicly justified. This chapter argues that coercive laws are required in order to strengthen a system of social trust by properly incentivizing trustworthy behavior in cases where moral sentiments and moral ostracism alone cannot provide strong enough reason to be trustworthy. Legal coercion can often stabilize moral rules that might otherwise collapse and create new moral rules that would not have otherwise existed. So law can be an efficient means of maintaining a system of trust by providing persons with additional incentives to engage in trustworthy behavior. This is how law is publicly justified, and so how the law acquires its moral authority.

Addressing Moral Confusion: Ethics Isn’t Law

2021 ◽  
pp. 81-98
Author(s):  
Jason Brennan ◽  
William English ◽  
John Hasnas ◽  
Peter Jaworski
Keyword(s):  
Corporate Social Responsibility ◽  
Business Ethics ◽  
Social Responsibility ◽  
Moral Authority ◽  
Ethical Duty ◽  
Course Of Action ◽  
The Law ◽  
Compliance With The Law ◽  
The Right ◽  
Corporate Social

Moral confusion in business ethics and corporate social responsibility often stems from treating ethics and law as if they were the same. Ethics and the law often overlap and sometimes conflict. They are distinct categories. Laws may enforce people’s ethical obligations. But they may also contravene them and require unethical action. Because the law has no independent moral authority, business people are always required to ask themselves whether compliance with the law is the right course of action. When the law prescribes oppressive or unjust conduct, they may have an ethical duty not to obey the law.

Public Justification

2019 ◽  
pp. 79-124 ◽  
Author(s):  
Kevin Vallier
Keyword(s):  
Social System ◽  
Social Trust ◽  
Personal Values ◽  
Public Justification ◽  
The Public ◽  
Compatibility Relation ◽  
Moral Rules ◽  
The Right ◽  
High Degree

This chapter develops a conception of the public justification of the moral rules that are the object of social trust. The goal is to explain how complying with moral rules and abiding by our personal values and commitments are compatible. When this compatibility relation is established, a system of social trust can sustain itself in the right way by driving appropriately trusting and trustworthy behavior, and motivating holding the untrustworthy accountable. When moral rules are publicly justified, that is, justified for each person by her own lights, the compatibility relation obtains and moral rules can then form the basis for trust and trustworthiness and so sustain a social system with a high degree of justified social trust-moral peace. The chapter explains precisely what is to be justified, the kinds of reasons that constitute public justifications, and how public justification is rooted in moral peace and social trust.

Dead Bodies in Nigerian Jurisprudence

2007 ◽  
Vol 51 (1) ◽  
pp. 117-150 ◽  
Author(s):  
Remigius N Nwabueze
Keyword(s):  
Legal Systems ◽  
Priority Rules ◽  
Judicial Decisions ◽  
Industrialized Nations ◽  
Dead Bodies ◽  
The Law ◽  
The Right

AbstractRecent events and a few judicial decisions in Nigeria show the need for a serious analytical engagement with the law relating to dead bodies. Topical issues from these cases focus on jurisdiction, the right to control the disposition of remains, and remedies available for the infringement of a burial right. While the meaning and content of sepulchral rights remain the same in Nigeria as in many industrialized nations, its prioritization is markedly different. In contrast to the highly individualized nature of burial rights in many Western legal systems, the control of sepulchral right in Nigeria is familial in character. In some circumstances, however, recourse may be had to statutory provisions that import English priority rules. While a range of remedies is available for an interference with a burial right, injunctions and declarations are the most sought after by Nigerian litigants. An expedited hearing is preferable to an interlocutory order of injunction.

scholarly journals Revocation of will and judicial proceedings for declaring a will ineffective under the Law on Inheritance of Serbia with reference to other contemporary European legal systems

2021 ◽  
Vol 55 (1) ◽  
pp. 143-160
Author(s):  
Jelena Vidić-Trninić
Keyword(s):  
Legal Regulation ◽  
Court Decision ◽  
Legal Systems ◽  
Inheritance Law ◽  
Judicial Proceedings ◽  
The Will ◽  
The Law ◽  
The Right ◽  
Domestic Regulation ◽  
Made In

In Serbian law, a valid will can be revoked based on the will of the testator, more precisely through the revocation of the will or based on a court decision. This paper analyzes the solutions of the Law on Inheritance of Serbia, dedicated to the mentioned ways of revoking a last will, and at the same time examines the legal regulation of that issue in other legal systems in Europe. The author finds that in the realization of the right to revoke a will, the legislation of Serbia undoubtedly affirms the freedom of will, and that in that respect, it is in principle harmonized with the legal solutions observed on European legal soil. In the aspect of the purpose for which it is prescribed, a special advantage of domestic regulation is the possibility of declaring a will ineffective through a court decision. The author further considers that certain solutions that can be found in comparative law, such as the possibility to invalidate testamentary dispositions made in favour of former spouse, could be accepted in Serbian inheritance law as well. Finally, according to the author, some existing legal solutions dedicated to the revocation of wills, need to be specified and completed de lege ferenda, in order to achieve legal certainty.

scholarly journals Vietnam’s New Law on the Right of Parties to Choose Applicable Law in Civil Relations Involving Foreign Elements

2016 ◽  
Vol 9 (4) ◽  
pp. 93
Author(s):  
Tran Thi Thu Phuong
Keyword(s):  
International Law ◽  
Private International Law ◽  
Legal Systems ◽  
Applicable Law ◽  
Application Of Law ◽  
The World ◽  
The Law ◽  
The Right

In private international law, the right of the parties to choose law applicable has been acknowledged in most legal systems. However, the scope of this right of agreement varies according to the statutory regulations of each country. This paper clarifies the scope of right to agreement on applicable law of the parties, as well as the mechanism for controlling the application of law as agreed upon by the parties in private international law of Vietnam. This article also makes comparison with the law of some countries in the world in order to point out the differences between them and to make comments, assessments of the current statutory regulations of Vietnam on such issues.

Assignment

2017 ◽  
Author(s):  
Hein Kötz
Keyword(s):  
Economic Importance ◽  
Point Of View ◽  
Historical Overview ◽  
Legal Systems ◽  
The Law ◽  
The Right

This chapter examines the law governing the transfer of contract rights that allows the new creditor to take the place of the old and enforce the right against the debtor in the same way. Legal systems differ as to when and how the debtor is to be apprised of the transfer of contract rights. One issue is whether informing the debtor not only makes sense from the assignee’s point of view, but is actually required. The chapter first provides a historical overview of assignment and considers its economic importance before discussing the requirements of an effective assignment, focusing on substantive validity, non-assignable rights, and how courts deal with disputes over priorities of claims. It also tackles the question of what obligations may arise between assignor and assignee when the agreement effects a change of creditor. Finally, it reviews the rules to prevent the debtor being prejudiced by a change of creditor.

9 National Report for France

2016 ◽  
Author(s):  
Cuniberti Gilles ◽  
Rueda Isabelle
Keyword(s):  
Legal Systems ◽  
Insolvency Law ◽  
National Report ◽  
Participation Rights ◽  
The Law ◽  
The Right ◽  
Insolvency Proceedings

This chapter discusses the law on creditor claims in France. French insolvency law has traditionally been unfriendly to creditors benefitting from contractual security interests. Unlike most other legal systems, insolvency claims secured by contractual security interests over certain assets of the debtor do not enjoy the right to be satisfied from the secured assets in priority to all other claims. The treatment of creditor claims is also similar among various insolvency proceedings. In reorganization proceedings (sauvegarde or redressement judiciaire), post-commencement claims are more common and substantial, whereas in liquidation proceedings (liquidation judiciaire), such claims are often non-existent. The remainder of the chapter deals with insolvency claims, administration claims, and non-enforceable claims in turn. Each section covers: the definition and scope of the claim; rules for submission, verification, and satisfaction or admission of claims; ranking of claims; and voting and other participation rights in insolvency proceedings.

scholarly journals Rozgraniczenie statutu rzeczowego i kontraktowego przy poszukiwaniu prawa właściwego do oceny zastrzeżenia prawa własności

2020 ◽  
pp. 233-251
Author(s):  
Agata Kozioł
Keyword(s):  
Legal System ◽  
The Other ◽  
Traditional Model ◽  
Legal Systems ◽  
Tangible Assets ◽  
The Law ◽  
The Right ◽  
Right Of Property ◽  
To Receive ◽  
Actual Location

Retention of title as a security on tangible assets is well known in many legal systems. It enables to strengthen the position of the seller in such a contract of sale in which the payment of the price is agreed to be done later than the handing over the good. This instrument disturbs the traditional model of sale in two ways. Firstly, the conclusion of the contract is not directly followed — which takes usually place — by the performance of the obligation to transfer the property. Secondly, the right of property receives in that way a new role to play — it becomes a security right, guarantying the pecuniary claim of the seller and ceases the function of the principal right. In order to find the law applicable to the retention of title, its different aspects — contractual and real — should be qualified according to their nature. These aspects should be treated separately and be assessed according to the proper legal system. For example, the law applicable to contractual assets of retention of title defines if such belated transfer of ownership affects any general rights and obligations of parties, such as the right to receive benefits from the asset or to bear costs of its maintenance. On the other hand, the law of actual location of the asset as a law applicable to real aspects of the retention of title defines the nature of the element disturbing the transfer of ownership and the scope of rights of the seller towards charged good as its owner.

Primary Rights

2019 ◽  
pp. 156-172
Author(s):  
Kevin Vallier
Keyword(s):  
Legal System ◽  
Social Trust ◽  
Public Justification ◽  
Constitutional Choice ◽  
Legal Rules ◽  
Constitutional Protection ◽  
Moral Rules ◽  
The Law ◽  
Conception Of The Good ◽  
Rational Plan

The ideas of moral peace, a system of trust, and public justification explain the need for a legal system that corrects and stabilizes moral rules that form the basis for social trust. Legal rules gain authority when they improve upon the system of moral rules. But some of society’s moral commitments merit protection over and above the law by constitutional rules that govern the ratification, reform, and repeal of laws. This chapter develops an account of the most fundamental constraints on justifiable constitutional rules—primary rights. Primary rights are rights that anyone with a rational plan of life would want for herself to pursue her conception of the good and justice, and ones she is willing to extend to others on reciprocal terms. These rights merit moral, legal, and constitutional protection, and begin the process of constitutional choice.

scholarly journals اعمال السيادة في ظل التطور التشريعي والقضائي في النظم المقارنة

2020 ◽  
Vol 29 (2) ◽  
pp. 141-189
Author(s):  
وسام صبار العاني
Keyword(s):  
Judicial Review ◽  
The State ◽  
Legal Systems ◽  
Second Amendment ◽  
Executive Authority ◽  
The Law ◽  
The Right ◽  
Council Of State ◽  
First Time ◽  
Judicial Systems

Acts of sovereignty means a group of acts performed by the executive authority, and shall not be subjected to the Judicial review by cancelation or compensation.     Therefore, the acts of sovereignty - in such situation - considered to be out of legitimacy, and have been subjected to a great criticism by the French jurisprudence and then the Egyptian jurisprudence on the bias that the executive authority may employ the idea of acts of sovereignty in its favor, by performing whatever acts in the form of sovereignty, that shall be sufficient to make such acts out of legitimacy and law rules, in such case the judiciary shall not have the right of cassation, or contestations against such acts nor the seeks of compensation because of the damages resulted by such acts. Hence the seriousness of this theory appears which was created by the French judiciary.      The idea of acts of sovereignty has played an important role in the conflict of the state authorities, and highlighted the importance of the legitimacy principle, and the legality of the state through theJurisprudential disagreements and discussions.      Although that such theory was created in the French administrative judiciary, it could be found in other judicial systems of other countries such as Egypt and Iraq. And although the weakness of such theory, it could be alive until now, furthermore, it could have a power in many common legal systems. Because of the absence of the administrative judiciary in Iraq, the researchers could not practice such theory with its activities. As the second amendment law was issued of the law of council of state No.(106) in 1989, announcing the administrative judiciary by establishing a court (for the first time) in which the cassation in the trueness of the orders and decisions issued by the employees and administrative bodies shall be performed.

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