Introduction

2021 ◽  
pp. 1-16
Author(s):  
Omri Ben-Shahar ◽  
Ariel Porat
Keyword(s):  
Big Data ◽  
Optimal Design ◽  
Legal Order ◽  
New Paradigm ◽  
Legal Rules ◽  
The Law

This chapter introduces the main themes of the book. Personalized law is a new paradigm of legal order, where uniform rules are replaced by commands that vary across people. Like other personalized schemes, personalized law would rely on algorithms that sort through Big Data to identify personal features relevant to the optimal design of personalized legal treatments. The chapter illustrates this novel regime by imagining a day in the life of a typical household. It then outlines the benefits, but also the challenges and problems of personalized law, and maps out how the book addresses them. Part I of the book examines the benefits of personalized law. Part II demonstrates personalized legal rules in a variety of areas. Part III addresses the problem of equality under the law. Part IV explores additional problems of coordination, manipulation, and the power of data in the hands of governments. The concluding chapter discusses the role of human lawmakers in personalized law.

scholarly journals Glosa do postanowienia Sądu Najwyższego z dnia 23 marca 2016 r., sygn. akt: III CZP 112/15

2020 ◽  
Vol 26 ◽  
pp. 209-221
Author(s):  
Agata Kozioł
Keyword(s):  
Supreme Court ◽  
Legal Order ◽  
Applicable Law ◽  
The Law ◽  
Court Proceedings ◽  
Polish Law ◽  
Double Nature ◽  
Mandatory Provision

The role of art. 57 § 1 of Polish Family and Guardianship Code in proceedings concerning international divorce is disputed and gives rise to many questions concerning its nature. The provision, addressed to the Polish courts dealing with divorce cases, obliges the seized court to rule on fault of spouses in the breakdown of marriage. It may then seem to remain unclear if the court shall apply art. 57 § 1 when the law applicable to divorce does not state for fault based grounds for dissolution of marriage, while the legal order applicable to maintenance obligation between former spouses requires, among other prerequisites, that the fault of the former spouse obliged to alimony is declared in court proceedings. This paper analyses the judgement of Polish Supreme Court from 23rd of March 2016, in which this issue was raised. The Author rejects the opinion of Supreme Court that the provision in question has a procedural nature. The view, that it constitutes an example of overriding mandatory provision should also be denied. As a provision of double nature: material and procedural, it should be applied by Polish courts as an instrument that enables to rule on fault in all those cases when applicable law provides for fault grounds for divorce; it should be also applied by foreign court deciding on dissolution of marriage when Polish law is applicable.

Legal Continuity

2018 ◽  
Author(s):  
Nimer Sultany
Keyword(s):  
Comparative Study ◽  
Social Theory ◽  
Legal Theory ◽  
Legal Order ◽  
Critical Legal Theory ◽  
The Law ◽  
The Comparative Study ◽  
The Revolution

This chapter critiques the binary dichotomy between the concepts of “continuity” and “rupture” within theoretical conceptualizations of the law. Whereas legal theories such as Kelsen’s emphasize rupture, theories such as Dworkin’s emphasize continuity. These theories fail to account for legal continuity and rupture because the law is neither a gapless system nor a coherent whole. Building on the comparative study of the role of law during revolutions, the chapter shows that a revolution maintains varying levels of legal rupture and continuity with the pre-existing legal order. Building on critical legal theory and social theory, it argues that the relation between revolution and legality cannot be represented systematically because law—whether prior to or after the revolution—is incoherent and thus generates a plurality of voices.

The Role of Rules in the Law of Evidence

2021 ◽  
pp. 69-82
Author(s):  
Frederick Schauer
Keyword(s):  
Common Law ◽  
Legal Systems ◽  
Legal Rules ◽  
European Approach ◽  
The Subject ◽  
The Law ◽  
Law Of Evidence

This chapter starts out with Bentham’s antinomian thesis that rejected the very idea of setting up rules for selecting and evaluating evidence. Bentham believed that factfinding should be governed by epistemically good reasons as a process unconstrained by artificial legal rules. The author observes that most legal systems took up this approach by softening the hard edges of rules (as in common law jurisdictions) and by following the basically free-proof model of factfinding (as in countries that adopted the continental European approach). Yet, he claims that the law of evidence still remains substantially an affair of rules. Why this is the case and whether it should be the case, is the subject of this chapter.

9 SUMMARY This chapter has been concerned with introducing, in some depth, common law/ case law, the second major source of English legal rules discussed in this book. The role of the judiciary in the development of English law has become apparent as the chapter has progressed. This chapter has also indicated the central importance of a careful dissection of the law reports to ensure that the correct aspects of the case are correctly summarised for a case note and further use. Taken together with Chapter 3, the foundations of an indispensable ‘how to’ approach have been laid. It is now appropriate in the next chapter to place this foundation in its European context looking at the law relating to European human rights and fundamental freedoms and the law relating to the European Community. In Chapter 9, three sources of English law (legislation, case law and European Community law) are further developed by being brought together in a case study. 4.10 FURTHER READING As already mentioned in Chapter 3, if you are a law student the ground covered by this chapter will also be covered in English legal system courses and constitutional or public law courses. Coverage of reading cases can be found in the following excellent texts relating to both the theoretical and practical aspects of legal method. • Sychin, C, Legal Method, 1999, London: Sweet & Maxwell, Chapters 7 and 8. • Twining, W and Miers, D, How To Do Things With Rules, 4th edn, 1999, London: Butterworths, Chapters 7 and 8.

2012 ◽  
pp. 126-126
Keyword(s):  
European Community ◽  
Case Law ◽  
Legal Rules ◽  
Legal Method ◽  
English Law ◽  
The Law ◽  
Law Student ◽  
Law Reports

The normative role of the economic legal rule and the results of its application to the investment law in the Kurdistan region

2021 ◽  
Author(s):  
Tahseen Hamah Saeed
Keyword(s):  
Law And Economics ◽  
Legal Rule ◽  
Kurdistan Region ◽  
Anglo Saxon ◽  
Legal Rules ◽  
Transnational Companies ◽  
Investment Law ◽  
The Law ◽  
Modern Era

The reciprocal treatment between law and economics has become a fact in the real world. And that the influence and influence between them reached the point of putting the independence of each under question. The central role that the economy plays in the modern era, especially after the emergence of the phenomenon of globalization and the spread of transnational companies and the dominance of the liberal and capitalist intellectual current, caused the emergence of a special type of law and legal rules called economic legal rules that have characteristics that distinguish them from other legal rules. This is due to the special nature of the economy of change. Fast and complex. And it came to the point that some scholars claimed that the economy has become in the center and that the law lacks its independence and has no function but to regulate the affairs of the economy so that the latter performs its original and important function in modern societies. Although the opinion regarding the relativity of this independence differs among the jurists of the Latin school from the Anglo-Saxon school. The jurists of the Latin school in general recognize more independence of the law, while the Anglo-Saxon jurists go to the more influence of the economy on the law than the effect of the law on the economy. Especially in developing countries in need of development and development. That is why the researcher tries to apply the result of the structural role of the economic legal base on one of the economic laws in the afflicted Kurdistan region, which needs the most what it needs is change and development in both areas of law and economy. Especially with regard to investing and working with internal capital and attracting foreign investors, in order to remove some injustice from the oppressed people at a time when the reality was finally fair and gave them the opportunity to have their legitimate authority and enjoy the opportunity to rise and move to reach the level of progress of the world in the modern era and keep pace with what its brothers have reached in humanity from other peoples.

scholarly journals Silence, joint enterprise and the legal trap

2021 ◽  
pp. 174889582199162
Author(s):  
Susie Hulley ◽  
Tara Young
Keyword(s):  
Young People ◽  
Primary Concern ◽  
Criminal Trials ◽  
Legal Rules ◽  
Legal Response ◽  
Legal Risks ◽  
The Law ◽  
Joint Enterprise ◽  
Secondary Liability

The so-called ‘wall of silence’ presents a threat to successful police investigations and criminal trials. Explanations for it have focused on cultural narratives, including distrust in the police, a ‘no snitching’ culture and manipulative ‘professional criminals’. Drawing on a study of serious multi-handed violence and ‘joint enterprise’ as a legal response, this article highlights the role of the law, and its agents, in generating silence among young suspects, whose primary concern is the legal risks of talking. Yet, these young people face a precarious trap, as their silence is interpreted as guilt by the police, propelling them towards charge. This article concludes that to avoid over-charging and to encourage young people with knowledge of serious violence to talk, structural change is needed. The system must reverse the legal rules regarding silence and reform the law on secondary liability to reduce the legal risks of talking.

scholarly journals Pengetahuan Sejarah Dekolonialisasi Pernanan Pendidikan dan Implementasi Hukum Islam di Indonesia

2019 ◽  
Vol 3 (3) ◽  
Author(s):  
Ryan Kurniawan
Keyword(s):  
Islamic Law ◽  
Legal Order ◽  
Space And Place ◽  
Civil Case ◽  
Time Space ◽  
Starting Point ◽  
The Law ◽  
Colonial Government ◽  
Dutch Colonial

<em>Role, Education, and Implementatation Islamic law developed along with the development of Islam in various regions, causing Islamic law to have different styles in each region it came. Indonesia is one of these regions. Differences or uniqueness that arise together with the acceptance of Islamic law in Indonesia by experiencing various kinds of changes in accordance with the time, space and place of the law applied. The role of various kingdoms in disseminating Islamic teachings is legitimate evidence, how Islam becomes an integral part of the Indonesian Nation. Changes began to occur when the Dutch colonial government ruled Indonesia. The receptio in complexu theory, and the receptie theory are proof of the attachment of the Dutch legal order in Indonesia which began in the V.OC era. Independence as the starting point of the struggle to reduce the influence of the two theories with efforts to decolonize Islamic law through receptie exit theory. This theory directs that the development of Islamic law in Indonesia is based on Pancasila and the 1945 Constitution, which is marked by the emergence of KHI as a guideline compiled and formulated to fill a substantial legal vacuum in the courts in the religious court that tried the Islamic civil case in 1991</em>

scholarly journals The Role of Regional Monitoring Assembly (MPD) Taking Control of The Check / Honorarium Services in The District of Cirebon

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 517
Author(s):  
Arif Rakhman ◽  
Jawade Hafidz
Keyword(s):  
Public Life ◽  
Legal Profession ◽  
Public Official ◽  
Legal Certainty ◽  
Regional Monitoring ◽  
Legal Rules ◽  
The Public ◽  
Legal Problems ◽  
The Law

Notary as a public official, as well as a profession, position is very important in helping to provide legal certainty for the public. Notaries must prevent legal problems later in life through authentic agreement he made as a perfect proof in court. Notaries have a role in activities run the legal profession that can not disconnect from the fundamental issues relating to the functions and roles of law where the law itself, which is defined as the legal rules that govern all public life. This authority can not be applied because it has not yet issued the implementing regulations for the expansion of the notary's authority.Keywords: Notary Official; The Function of Notaries; Notary Competition.

Conclusion

2019 ◽  
pp. 260-286
Author(s):  
Kate Purcell
Keyword(s):  
Climate Change ◽  
Legal Order ◽  
Legal Limits ◽  
State Practice ◽  
The Law ◽  
The Stability ◽  
State Rights ◽  
International Boundaries ◽  
Coastal Land

This Conclusion brings together the results of the preceding analyses in an account of the limited legal significance of geographical change for maritime jurisdiction. It considers some final instances of State practice that may appear to support the ambulatory thesis. It is demonstrated that while the relevant practice is not unlawful, it does not show that maritime limits must be adjusted in response to geographical change under international law. More broadly, geographical change, including climate-related change, does not threaten the ‘legal order of the seas and oceans’ in the manner that some recent commentary on the implications of climate change for maritime jurisdiction suggests. The existing law does not provide for ambulatory maritime limits or condition continuing entitlement to maritime space on geographical circumstances remaining unchanged. States wishing to retain established entitlement to maritime space and unilaterally established maritime limits in the event of coastal change are permitted to so, unless they no longer possess territorial sovereignty over coastal land (which also depends on whether they intend to give it up). International boundaries, including maritime boundaries, may be fixed or ambulatory, but unless there is clear evidence that an ambulatory boundary was intended, there will be a presumption that established boundaries will not shift with subsequent changes to either the coast or territorial sea baselines. The law was not developed in ignorance of the changeability of coastal geography but makes use of geography in ways that do not leave sovereignty, sovereign rights, or legal limits and boundaries vulnerable to the vicissitudes of nature. The role of geography in the law of the sea contributes to rather than undermines the stability of a spatial and functional division of State rights in the sea. In this regard, it is not necessary to amend the existing law in response to the impacts of climate-related change on the oceans and coasts; instead, it is important to better understand it.

scholarly journals The Role of Logic In Construction Judicial Decisions

2020 ◽  
Vol 7 (4) ◽  
pp. 373-394
Author(s):  
Shakhawan Khdir Rasul
Keyword(s):  
Legal Rules ◽  
Judicial Decisions ◽  
The Social ◽  
The Law ◽  
The Relationship

We also know that the importance of judicial judgments in the consideration that the law is the organization of the relationship between individuals and society, at the social and administrative level, and the rulings because the law is the legal rules and regulates relations in society, by adhering to the rules, it establishes order and achieves stability by establishing a balance between the interests and individuals that are intertwined and conflicting and this is done by identifying the legal positions of each individual, and therefore from this perspective of a philosophical vision consisting of the following proposals, I wonder whether in this type of law can regulate in this type of law Relationships only.

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