scholarly journals Lex Ferenda: Direct Extraterritoriality

Author(s):  
Charlotte E. Blattner

This chapter takes a critical positivist approach to exploring lex ferenda options to protect animals abroad, uncovering new applications of the passive personality principle, the universality principle, and the effects principle. Because the law of jurisdiction developed over centuries without considering animals, it does not meet the specific demands of animal law, conceptually and morally. The author offers a new application of the passive personality principle, arguing that animals should have functional nationality, like ships and corporations, that establishes a jurisdictional link to their home state. On this basis, a state can broadly and unequivocally protect its national animals abroad. The chapter next shows how the universality principle can, in the future, prohibit the most egregious crimes against animals that now escape every state’s jurisdiction (like illegal wildlife trafficking). Finally, arguments for a noneconomic version of the effects principle in animal law are explored.

2018 ◽  
Vol 25 (1) ◽  
pp. 210
Author(s):  
Cecilia Blengino

<p>This article discusses the resistance experienced by the clinical legal education movement in Italy due to a widespread legal positivist approach which views law as a self-contained technical subject, and excludes interdisciplinarity from the law school curriculum.</p><p>The choice that the newly-born Italian CLE movement now faces is the option to either become a new socio-legal epistemology of law in action and a social change-maker, or to ascribe to a simple restyling of legal education to include certain practical activities aimed at introducing students to the profession. The future of the movement will depend on whether the rapid increase in the number of clinics will be matched by appropriate reflection on "how clinics might be consciously designed around exposing students to gaps between the law in books and the law in action".</p>


Cultura ◽  
2019 ◽  
Vol 16 (1) ◽  
pp. 23-28
Author(s):  
Luis CORDEIRO-RODRIGUES

Marxist Philosophy as an explanation of social reality has, since the fall of the Berlin Wall, been largely neglected. However, some philosophers have contended that it may still be relevant to explain today’s social reality. In this article, I wish to demonstrate precisely that Marxist philosophy can be relevant to understand social reality. To carry out this task, I show that Marxist philosophy of law can offer a sound explanation of Animal law in South Africa. My argument is that South African law is a superstructure that reinforces the power of the animal farming industry in South Africa. That is, the hidden purpose of the law is to benefit the industry. In order to argue for this, I present two sets of arguments. The first set argues that the law facilitates the functioning of the animal farming industry. In the second set of arguments I contend that the law socialises individuals into approving the methods of slaughtering by the animal farming industry.


1963 ◽  
Vol 77 (2) ◽  
pp. 393
Author(s):  
Walter V. Schaefer ◽  
Bernard Botein ◽  
Murray Gordon
Keyword(s):  

Legal Studies ◽  
2021 ◽  
pp. 1-17
Author(s):  
Rebecca Probert ◽  
Stephanie Pywell

Abstract During 2020, weddings were profoundly affected by the Covid-19 pandemic. During periods of lockdown few weddings could take place, and even afterwards restrictions on how they could be celebrated remained. To investigate the impact of such restrictions, we carried out a survey of those whose plans to marry in England and Wales had been affected by Covid-19. The 1,449 responses we received illustrated that the ease and speed with which couples had been able to marry, and sometimes whether they had been able to marry at all, had depended not merely on the national restrictions in place but on their chosen route into marriage. This highlights the complexity and antiquity of marriage law and reinforces the need for reform. The restrictions on weddings taking place also revealed the extent to which couples valued getting married as opposed to having a wedding. Understanding both the social and the legal dimension of weddings is important in informing recommendations as to how the law should be changed in the future, not merely to deal with similar crises but also to ensure that the general law is fit for purpose in the twenty-first century.


1991 ◽  
Vol 12 (x) ◽  
pp. 61-82
Author(s):  
Richard Cicchillo

For Americans, long accustomed to judicial review of the law, the traditional absence of a similar system of constitutional control in France comes as a surprise. Closer examination however, reveals that the French politico-historico-judicial tradition inherited from the Ancien Régime and the Revolution of 1789 is deeply opposed to the development of "government by the judges." Why did the Revolution react against the judiciary? How has the idea of constitutional control evolved in modern France? What are the possible sources of legitimacy for an institution (the Conseil constitutionnel) and a concept (judicial review) cut off from the sanction of tradition? What is the future of the Conseil?


2019 ◽  
Vol 8 (4) ◽  
pp. 8736-8742

The objective of this study is to identify the role of information technology in companies. The use of IT should create a synergy between business strategies, business processes and technologies to achieve the vision, mission and objectives of the company, and to offer excellence in the future. For this reason, the study uses the EA framework, where there are artifacts that are stored digitally in the repository. This study uses the EA implementation method when the main points of the EA development steps are implemented. The results achieved are the integration of new applications that are expected to be properly implemented so that companies can read their strategies to deal with competitors. The conclusion is that the proposed application can help the company achieve its vision, mission and objectives. And all business processes can be managed effectively and efficiently so that the company can compete with its competitors today and in the future.


2000 ◽  
Vol 31 (1) ◽  
pp. 215
Author(s):  
Richard Gaskins

Richard Gaskins visited the Law Faculty as a Fulbright from January to August 1999 to study developments in the Accident Compensation regime. His visit coincided with the controversy surrounding the National Government’s Accident Insurance Act 1998. Professor Gaskins gave the following paper, in which he addresses the continued importance of the Woodhouse Report, at a seminar on Accident Compensation held as part of the 1999 Australasian Law Teachers' Association Conference.In the paper he highlights two important insights of the Woodhouse Report that he believes have lasting value: its linking of tort reform to social welfare and its promotion of an ecological approach to preventing accidents. Professor Gaskins concludes that both insights retain their importance and challenges legal academics to address them as well as the more narrowly based law and economic approach to accidents that has dominated legal policy and academic thought since the early 1970s.


2015 ◽  
Vol 4 (2) ◽  
Author(s):  
Kushandajani

<p align="center"><strong><em>Abstract</em></strong></p><p><em>The main problem in this study was how the social significance of the existence of Desa autonomy regulation through the Law No. 6 of 2014. The existence of new regulation must be influence to desa’s order, especially in  local authority, Because of the local authority is the most important thing in local organization like Desa.The specific question tried to be answered in this study  whether the Law could serve, integrate, and organize the local authority in Desa. The result of this research indicate three points. First, local authority existing that called “hak asal usul desa” coexist with local community and desa government. Second, the field of local authority as organization the governance of desa, implementation of the building of desa, and commmunity development will blossom out in the future depend on the needs of local community.Finally, design of local authority based on the Law No. 6 of 2014 can integrate and organize the local authority, if the national government still commit and consist to recognize the local authority whatever Desa has.</em></p><p><strong><em>Kata kunci</em></strong><em>: local authority, local community, state law, recognition.</em></p><p align="center"><strong>Abstrak</strong></p><p>Masalah utama dalam studi ini adalah bagaimana implikasi  berlakunya UU No. 6 Tahun 2014 tentang Desa terhadap kewenangan desa. Kewenangan desa yang dimaksud adalah kewenangan desa yang berasal dari hak asal usul dan kewenangan lokal berskala desa, karena kedua bentuk kewenangan desa tersebutlah yang merupakan ruh otonomi desa. Hasil riset menunjukkan bahwa desa tidak bisa diperlakukan sama sebagaimana memperlakukan daerah kabupaten, karena hakekat otonomi desa berbeda dengan otonomi daerah. Kabupaten dibentuk sebagai pelaksana desentralisasi, yang melaksanakan sebagian kewenangan yang diberikan oleh Pusat. Desa berbeda, karena memiliki kewenangan yang berasal dari hak asal usul, bukan pemberian dari pusat. Otonomi desa sudah ada jauh sebelum republik ini berdiri, dan meski didesain ulang berkali-kali melalui kebijakan pusat tentang desa , namun otonomi desa tetep eksis, salah satunya adalah dengan keberadaan kewenangan hak asal usul yang melekat pada status sosial kepala desa dan pamong desa , apapun nama dan penyebutannya, serta tercermin dari perilaku masyarakat desa yang menjunjung tinggi kehidupan sosial budayanya.Pada akhirnya desain tentang kewenangan desa diajukan sebagai bagian dari solusi, yang mencoba mewadahi dua konstruksi tentang kewenangan desa, dimana kewenangan desa eksisting masuk dalam “wadah” yang dikonstruksi UU No.6 Tahun 2015 tentang Desa, namun dengan semangat diterapkannya taat azas yaitu azas rekognisi, dimana pemerintah pusat dan daerahmengakui apapun kewenangan yang saat ini dilaksanakan oleh desa.</p><strong>Kata kunci: </strong>kewenangan desa, hukum negara,  hak asal usul desa, kewenangan lokal berskala desa, asas rekognisi.


Author(s):  
Stephen J. Morse

This chapter considers whether the new sciences of the brain/mind, especially neuroscience and behavioural genetics, are likely to transform the law’s traditional concepts of the person, agency, and responsibility. The chapter begins with a brief speculation about why so many people think these sciences will transform the law. It reviews the law’s concepts of the person, agency and responsibility, misguided challenges to these concepts, and the achievements of the new sciences. It then confronts the claim that the brain/mind sciences prove that we are not agents who can guide our conduct by reason and thus cannot be responsible. It argues that this claim cannot be supported empirically or conceptually, and that no revolution in legal thinking is foreseeable. The chapter concludes by suggesting that the new sciences have little to offer the law at present, but in the future, they may contribute modestly to reforming doctrine, policy, and practice.


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