There are many ways to compromise

2020 ◽  
pp. 128-146
Author(s):  
Andrew Koppelman
Keyword(s):  
Religious Freedom ◽  
State Level ◽  
Third Parties ◽  
The Law

This chapter considers the compromises that have been proposed: state-level religious freedom restoration acts, specific accommodations such as Mississippi’s law, various scholars’ proposals, and businesses announcing their views in advance and thus avoiding most conflicts with customers. It concludes that the best way to balance the various interests is to have such announcements trigger exemption from the law. The basic aim should be to accommodate religion without seriously harming identifiable third parties.

Introduction

2017 ◽  
Author(s):  
Cécile Laborde ◽  
Aurélia Bardon
Keyword(s):  
Political Philosophy ◽  
Religious Freedom ◽  
Freedom Of Speech ◽  
State Sovereignty ◽  
Religious Symbols ◽  
Secular Education ◽  
The Law ◽  
Structural Architecture

There is already an important literature on religion and political philosophy, focusing especially on controversies about religious symbols, freedom of speech, or secular education. The introduction explains the distinctive approach of the volume. Instead of focusing on specific political controversies, the book explores the conceptual, structural architecture of liberal political philosophy itself. The authors distinguish four different themes: the special status of religion in the law; state sovereignty, non-establishment, and neutrality; accommodation and religious freedom; and toleration, conscience, and identity. The chapter explains the particular questions raised in each of these four themes, and briefly presents the twenty-two contributions gathered in the volume.

Formation of Contract and Third Parties in Cambodia

2018 ◽  
Author(s):  
Ly Tayseng
Keyword(s):  
Academic Writing ◽  
Case Law ◽  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
Contract Formation ◽  
The Law ◽  
The Right ◽  
Formal Requirements

This chapter gives an overview of the law on contract formation and third party beneficiaries in Cambodia. Much of the discussion is tentative since the new Cambodian Civil Code only entered into force from 21 December 2011 and there is little case law and academic writing fleshing out its provisions. The Code owes much to the Japanese Civil Code of 1898 and, like the latter, does not have a requirement of consideration and seldom imposes formal requirements but there are a few statutory exceptions from the principle of freedom from form. For a binding contract, the agreement of the parties is required and the offer must be made with the intention to create a legally binding obligation and becomes effective once it reaches the offeree. The new Code explicitly provides that the parties to the contract may agree to confer a right arising under the contract upon a third party. This right accrues directly from their agreement; it is not required that the third party declare its intention to accept the right.

Contracts for the Benefit of Third Parties in Japan

2018 ◽  
Author(s):  
Masami Okino
Keyword(s):  
Case Analysis ◽  
Case Law ◽  
Contract Law ◽  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
German Model ◽  
Recent Debate ◽  
The Law

This chapter discusses the law on third party beneficiaries in Japan; mostly characterized by adherence to the German model that still bears an imprint on Japanese contract law. Thus, there is neither a doctrine of consideration nor any other justification for a general doctrine of privity, and contracts for the benefit of third parties are generally enforceable as a matter of course. Whether an enforceable right on the part of a third party is created is simply a matter of interpretation of the contract which is always made on a case-by-case analysis but there are a number of typical scenarios where the courts normally find the existence (or non-existence) of a contract for the benefit of a third party. In the recent debate on reform of Japanese contract law, wide-ranging suggestions were made for revision of the provisions on contracts for the benefit of third parties in the Japanese Civil Code. However, it turned out that reform in this area was confined to a very limited codification of established case law.

Bureaucratic organization and innovation : a mixed-methods study of U.S. State Department of Transportation website adoption

2017 ◽  
Author(s):  
◽  
A. J. Million
Keyword(s):  
Mixed Methods ◽  
Online Survey ◽  
State Level ◽  
State Department ◽  
Third Parties ◽  
Department Of Transportation ◽  
Structured Interviews ◽  
University Of Missouri ◽  
Bureaucratic Organization ◽  
Barriers To Change

[ACCESS RESTRICTED TO THE UNIVERSITY OF MISSOURI AT AUTHOR'S REQUEST.] This study explores bureaucratic organization and innovation in U.S. state department of transportation (DOT) websites. To determine if working with third parties fosters change in state DOT websites, it employs a two-part, explanatory sequential mixed-methods design. In phase one, an online survey was disseminated to IT managers and communications officers in all 50 states to collect data regarding agency demographics, bureaucratic models, and Web infrastructure. In total, 45 valid responses (or 90 percent) were received from DOTs indicating that most built, hosted, and managed their websites in-house, but that state-level IT consolidations required many to pool resources with third parties. In research phase two, 12 semi-structured interviews were conducted of a maximum variation sample of survey respondents. These interviews were conducted to explain why DOTs built and operated their websites with the support of third parties. Employing a grounded theoretical approach, analysis revealed 6 themes explaining website adoption and showed that working with third parties can foster innovation; however, not all change is positive. Therefore, a need exists for governments to selectively work with others, ascertain future barriers to change, and ensure that adopted innovations meet desired ends. Finally, five best practices informed by study findings are presented that may help decision-makers and civil servants provide e-government services in a flexible manner.

From Toleration to Laïcité

2021 ◽  
Vol 31 (2) ◽  
pp. 145-161
Author(s):  
Gerhardt Stenger ◽  
Keyword(s):  
Religious Freedom ◽  
Church And State ◽  
Saint Augustine ◽  
Anglo Saxon ◽  
Modern Times ◽  
Political Justification ◽  
History Of ◽  
The Law ◽  
Pierre Bayle ◽  
The Right

This paper traces the history of the philosophical and political justification of religious tolerance from the late 17th century to modern times. In the Anglo-Saxon world, John Locke’s Letter Concerning Toleration (1689) gave birth to the doctrine of the separation of Church and State and to what is now called secularization. In France, Pierre Bayle refuted, in his Philosophical Commentary (1685), the justification of intolerance taken from Saint Augustine. Following him, Voltaire campaigned for tolerance following the Calas affair (1763), and the Declaration of the Rights of Man (1789) imposed religious freedom which, a century later, resulted in the uniquely French notion of laïcité, which denies religion any supremacy, and any right to organize life in its name. Equality before the law takes precedence over freedom: the fact of being a believer does not give rise to the right to special statutes or to exceptions to the law.

Violent Threats

2017 ◽  
Author(s):  
Anne C. Dailey
Keyword(s):  
Third Parties ◽  
Literal Meaning ◽  
Acting Out ◽  
Psychoanalytic Perspective ◽  
The Law ◽  
Objective Meaning

The law generally takes people at their word. For example, contracts are interpreted based on the objective meaning of the written terms rather than by reference to the parties’ subjective intent. In contrast, psychoanalysis rarely trades in literalisms, instead examining words for their hidden associations, connotations, implications, and ambiguities. This chapter explains how a psychoanalytic perspective on the meaning of words reworks the law’s presumption of transparency. The discussion focuses on the law governing violent threats communicated to therapists but directed at third parties, the so-called Tarasoff rule. Under this rule, when a patient says to her therapist, “I am going to kill him,” the law requires that the therapist take the patient at her word. But while the Tarasoff rule may protect some potential victims, a psychoanalytic perspective suggests that the rule may do more harm than good, in particular by discouraging those individuals who struggle with violent thoughts to seek treatment, thus raising the risk of their resorting to violence. Psychoanalytic insights into interpretive opacity, transference, regression, and acting out illuminate how the law’s pragmatic reliance on the literal meaning of words can undermine the law’s own goals to protect individuals from harm to themselves and others.

scholarly journals La justicia penal militar colombiana y los principios procesales constitucionales de independencia e imparcialidad, después de la separación de la función de jurisdicción con la función de comando

Justicia ◽  
2014 ◽  
Vol 19 (26) ◽  
Author(s):  
Consuelo Amparo Henao Toro ◽  
Ingrid Regina Petro Gonz ◽  
Felipe Andrés Mar
Keyword(s):  
Criminal Law ◽  
Justice System ◽  
Third Parties ◽  
Penal Code ◽  
Security Forces ◽  
Origin And Evolution ◽  
The Creation ◽  
The Law ◽  
The Military ◽  
Legal Training

El presente artículo analiza la Justicia Penal Militar colombiana, su origen y evolución desde la vigencia del Decreto 2550 de 1988, según el cual los miembros de la Fuerza Pública podían ejercer simultáneamente las funciones de comando con las funciones de jurisdicción, toda vez que quien juzgaba no se encontraba técnicamente habilitado para desarrollar esa función por carecer de formación jurídica profesional y debía depender de terceras personas para emitir sus fallos, situación que contrariaba los principios de independencia e imparcialidad. Posteriormente, con la creación de la Ley 522 de 1999, actual Código Penal Militar, esas funciones fueron separadas y prohibidas, lo que amerita analizar estos principios a la luz de esta normativa penal militar.   AbstractThis article analyzes the Penal Military Colombian Justice system, its origin and evolution from the enforcement of Decree 2550 of 1988 according to which members of the security forces could exercise the functions of command simultaneously with the functions of jurisdiction, since he was deemed not technically qualified to perform that function due to lack of professional legal training and had to rely on third parties to issue their decisions, a situation that went against the principles of independence and impartiality. Later, with the creation of the Law 522 of 1999 current Military Penal Code, these functions were separated and thus deserving prohibited discuss these principles in light of the military criminal law.

scholarly journals The partial waiver of the rights and partial invalidation of rights to the invention

2021 ◽  
pp. 51-59
Author(s):  
Petro Borovyk
Keyword(s):  
Legal Protection ◽  
Third Parties ◽  
Legal Certainty ◽  
Utility Model ◽  
Patent Owner ◽  
The Third ◽  
Utility Models ◽  
The Law ◽  
State Registration ◽  
The Right

Borovyk P. The partial waiver of the rights and partial invalidation of rights to the invention. In view of changes in the Law of Ukraine «About protection of rights for inventions and utility models» introduced according to the Law No. 816-IX as of 21.07.2020, it is implied that a patent owner can waive rights provided by a state registration of an invention (utility model) fully or partially, and a court can render the rights for the invention (utility model) invalid fully or partially. The partial waiver of the rights or rendering the rights invalid causes a number of issues on a rather frequent basis, in particular, regarding a certain procedure of defining the entire scope of rights according to the patent and a portion of these rights. Since the scope of rights is defined by claims, the partial waiver of the rights or the partial rendering the rights invalid substantially represents a change of the scope of rights, which are defined by the claims as published. The patent may be granted for a group of inventions. In such case, the scope of rights shall be defined by the claims that comprise several independent claims. Here, the partial waiver of the rights for the invention may be carried out by waiving one or several independent claims at the discretion of the patent owner or by rendering one or several independent claims invalid by the court. Therewith, the scope of rights that is defined during conduction of an examination for another invention of the group of inventions, which are mentioned in a single protection document (patent), is not changed. The partial waiver or the partial rendering the rights for the invention invalid for the claims having one independent claim is a more problematic case. A key aspect of this problem is an influence of the proposed amendments of the claims onto the scope of rights for the invention and its correspondence with the requirements for granting a legal protection. More specifically, it is an establishment of a fact of reduction of the scope of rights when introducing the proposed amendments into the independent claim and examination of a new version of the independent claim for compliance with the requirements of patentability. An important aspect also lies in establishment of a balance of interests of the patent owner and third parties. The patent owner will receive a mechanism of implementation of the right for protection of allowable embodiments of the invention, while the third parties will receive a right for a legal certainty by means of an analysis of the scope of rights of the new version of the claims. The article discloses grounds for waiving the rights for the invention and the mechanism for implementation of the waiver under the legislation in force both for the case of the group of inventions and for the partial waiver or the partial rendering the rights for the invention invalid with the claims having one independent claim. Keywords: scope of rights, independent and dependent claims, amendment to claims, proceedings

scholarly journals Religious Freedom: Moscow Patriarchate as Catalyst for Conflict of Identity in Orthodoxy of Ukraine

2016 ◽  
Vol 1 (19) ◽  
pp. 130-134
Author(s):  
Oleksandr N. Sagan
Keyword(s):  
Religious Freedom ◽  
Religious Conflict ◽  
Religious Organizations ◽  
Freedom Of Conscience ◽  
The Law

State-church relations in Ukraine are regulated by one of the best in Europe, the Law of Ukraine "On Freedom of Conscience and Religious Organizations". However, this law can not solve the problem of confrontation between the Moscow and Kiev Orthodox patriarchates in our country, as this confrontation has gone beyond the religious conflict and, in fact, is an external expression of ideological and civilizational choice (tolerance of values) of Orthodox believers.

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