The Possibility of Legal Politics: Between Fate and Utopia

2019 ◽  
pp. 426-443
Author(s):  
Alf Ross
Keyword(s):  
Power Relations ◽  
Human Action ◽  
The Other ◽  
Legal Consciousness ◽  
Social Forces ◽  
Economic Interests ◽  
Other Hand ◽  
The Law ◽  
Conscious Activity ◽  
Rational Arguments

This chapter investigates the conditions that must be fulfilled if it is to be meaningful to develop a legal politics that would provide guidance to the legislator. It is argued that in general, the necessary precondition for politics conceived as a technique for influencing society with the aid of rational methods is the assumption that rational deliberations and arguments are among the factors determining human action. Accordingly, in the realm of legal politics, the decisive question is whether and to what extent the law is created by the legislator’s ‘will’, understood as an expression of a conscious activity determined by rational deliberations and rational arguments; or whether and to what extent the law is created in a process that is independent thereof. The chapter considers and dismisses two extreme but equally untenable views: the prophets of fate and the utopians. Instead, it argues for a balanced view. Legal politics is possible because the legislator is not impotent. However, the possibilities of legal politics are limited because the legislator is not omnipotent, either. The legislator encounters social forces (in particular legal consciousness, economic interests, and power relations) that cannot be invoked by mere words. On the other hand, it is not a question of a permanent and impassable barrier, either.

Law’s Contradictions

2018 ◽  
Author(s):  
Nimer Sultany
Keyword(s):  
The Other ◽  
Political Actors ◽  
Political Conflicts ◽  
Other Hand ◽  
The Law ◽  
The One

This chapter analyzes concrete Egyptian and Tunisian cases that showcase the interplay between continuity and rupture. These cases illustrate the lack of a systemic relation between law and revolution. On the one hand, the judiciary that interprets and applies the law is part of the very social and political conflicts it is supposed to resolve. On the other hand, the law is incoherent and there are often resources within the legal materials to play it both ways. Thus, the different forces at work use both continuity and rupture to advance their positions. Furthermore, legitimacy discourse mediates the contradictions between law and revolution in the experience of different legal and political actors. This mediation serves an ideological role because it presupposes a binary dichotomy between continuity and rupture, papers over law’s incoherence by reducing it to a singular voice, and reduces revolution to an event rather than a process.

STUDI KRITIS JUAL BELI DEKORASI UANG MASKAWIN

Al-MAJAALIS ◽  
2018 ◽  
Vol 6 (1) ◽  
pp. 1-36
Author(s):  
Muhammad Arifin Badri
Keyword(s):  
The Other ◽  
Other Hand ◽  
Business Opportunities ◽  
The Law ◽  
The One ◽  
High Level

This study aims to examine the laws of dowry money decoration that are common in the community. The innovation and soul of art that is channeled through décor of dowry money is proven to produce beautiful and unique works, so as to attract the attention and interest of the wider community. However, because to produce beautiful and unique works, a high level of creativity is needed, so not everyone can do it. On the one hand, this phenomenon opens up quite good business opportunities, but on the other hand, it should be watched out, because in some conditions it contains the practice of buying and selling currencies with nominal differences. Through this study, I would like to uncover the law of buying and selling practices decorating dowry money and decorating services. As I also intend to present an applicative solution for the community so that they can still channel their artistic talents without violating Shari’ah law.

Dismissal with Monetary Consideration under Art. 232, para. 2 of the Labour Code

De Jure ◽  
2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Hristo Banov ◽  
Keyword(s):  
Employment Relationship ◽  
The Other ◽  
Employment Contract ◽  
Other Hand ◽  
Unilateral Termination ◽  
The Law ◽  
The One ◽  
Rules Set ◽  
Final Calculation

The article reviews the main differences between the monetary obligation of the employer under Art. 232, para. 2 of the Labour Code and other payments that the same party owes by law in the employment relationship. Thus, the hypotheses are differentiated, on the one hand, of the unilateral termination of the employment contract by the employer against monetary payment on the grounds of Art. 232, para. 2 of the Labour Code, and, on the other hand, the emergence of an obligation to pay certain compensations – in the true sense of the term – under Art. 213, Art. 214, Art. 219, para. 2 and Art. 225 of the Labour Code. Thereby, the thesis regarding the impossibility of incurring of an obligation on the employer to simultaneously execute the various mentioned monetary considerations, is reasoned. In addition, the rules set out in the law are discussed, both for contracting and for the final calculation of the amount of the employer’s monetary payment, which this study focuses on.

scholarly journals ETHICAL PRINCIPLES OF SOCIETY AS REGULATORY FACTORS OF CIVIL LAW OF UKRAINE: THE ISSUE OF VALIDITY

2019 ◽  
pp. 16-20
Author(s):  
V. Кroitor
Keyword(s):  
Civil Law ◽  
The Other ◽  
Ethical Principles ◽  
Regulatory Requirements ◽  
Regulatory Factors ◽  
Other Hand ◽  
Moral Rules ◽  
The Law ◽  
The One

The article studies the issue of scientific and practical validity of applying ethical principles of society as regulatory factors of civil law of Ukraine. Taking into account the lack of validity of ethical principles of society as regulatory factors, the author attempts to make a correlation between the content of such principles of civil law as fairness, integrity and reasonableness, on the one hand, and ethical principles of the society, on the other hand. The author of the paper proves that it is inappropriate to apply the provisions of morality as regulatory factors for the regulation of civil relations. The conclusion on the objection to the civil regularity of ethical principles of society is based on several theses. Firstly, moral rules are not formalized, which creates a threat of arbitrary interpretation of their content. Secondly, ethical principles do not have a definite source of origin. Thirdly, the fundamental ethical rules have already been taken into account in the content of the principles of fairness, integrity and reason, which in turn create competition between the two types of regulatory factors. Unreasonable duplication of regulatory requirements reduces the functionality of the law, complicates the perception of its requirements. The competition between the principles of law and the ethical principles of society must be eliminated by refusing to give the latter the function of regulatory factors. The author of the paper does not deny the possibility of taking into account the ethical principles of society while regulating the relations that have been neglected by the "official law".

scholarly journals ABUSE OF THE RIGHT TO INITIATE BANKRUPTCY PROCEEDINGS

2020 ◽  
pp. 259-264
Author(s):  
В. В. Дутка
Keyword(s):  
The Other ◽  
Legal Entity ◽  
Legal Norms ◽  
Other Hand ◽  
Bankruptcy Procedure ◽  
Good For ◽  
The Law ◽  
The Right ◽  
Ordinary Citizens ◽  
Legal Entities

The relevance of the article is that society’s attitude to the bankruptcy procedure is ambiguous: ordinary citizens who have never been involved in bankruptcy proceedings often perceive it as a certain negative phenomenon that should be avoided and avoided. On the other hand, for many debtors, bankruptcy becomes the “lifeline” with which they can repay their claims to creditors and start financial life “from scratch”. At the same time, it should be noted that many debtors and creditors use the bankruptcy procedure not for the purposes provided by the legislator in the relevant legal norms, but to satisfy only their own interests, to the detriment of the interests of other parties to the case. In this regard, the study of the abuse of the right to initiate bankruptcy proceedings becomes relevant. The article is devoted to the study of abuse of the right to initiate bankruptcy proceedings. The purpose of the article is to study the abuse of the right to initiate bankruptcy proceedings and highlight the author’s vision of this issue. According to the results of the study, the author concludes that the application to the debtor of bankruptcy procedures can be both good for the debtor and to the detriment of the interests of his creditors. Entities that could potentially abuse the right to initiate bankruptcy proceedings are: creditors of the debtor – a legal entity, as well as debtors – legal entities, individuals and individuals – entrepreneurs. The fact of exemption of debtors from the court fee for filing an application to initiate bankruptcy proceedings is not only an unjustified luxury for our state, but also only contributes to the abuse of the right to initiate bankruptcy proceedings by unscrupulous debtors. In order to reduce the number of cases of abuse of the right to initiate bankruptcy proceedings, the author justifies the need to complicate the conditions for opening bankruptcy proceedings, for example, by returning the conditions provided by the Law of Ukraine “On Restoration of Debtor’s Solvency or Recognition of Debtor’s Bankruptcy”.

scholarly journals Dual citizenship and military service in Yugoslav law

1999 ◽  
Vol 71 (12) ◽  
pp. 204-209
Author(s):  
Tamaš Korhec
Keyword(s):  
Military Service ◽  
General Rule ◽  
The Other ◽  
Dual Citizenship ◽  
Other Hand ◽  
The Law ◽  
The Military

Persons with two or more citizenship are exceptions from the rule that one person has a citizenship of one state. Yugoslav Law make no restrictions for Yugoslav citizens to gain the citizenship of other states, besides the citizenship of the FRY, with the general rule that these dual citizens shall be treated as Yugoslav citizens during there residence in FRY. On the other hand, concerning the military service the Law on Yugoslav Army makes an exception, and provides that dual citizens, regular service in military is conditional and facultative obligation. This pretty vague rule has been recently interpreted by the decisions of the Supreme military court.

Indecent Exposure

2020 ◽  
pp. 225-248
Author(s):  
Stuart P. Green
Keyword(s):  
The Other ◽  
Political Protest ◽  
Criminal Sanctions ◽  
Other Hand ◽  
Sensual Pleasure ◽  
The Law

This chapter considers the flip side of voyeurism—namely, indecent exposure, or exhibitionism. Whereas in voyeurism, the offender views his victim’s private activities without her consent, in indecent exposure, he subjects her to his own intimate activities. The interests and rights at stake in the two offenses are thus complementary. This chapter argues that criminal sanctions for indecent exposure are ultimately justified not on the basis of its harms, which are relatively minor, but rather on the basis of its tendency to cause offense. Unlike incest and sadomasochistic assault, which are usually performed in private, indecent exposure is normally committed in public and specifically intended to cause shock, distress, or disgust. On the other hand, some exhibitionists will have legitimate reasons for exposing themselves. They may be engaging in political protest, participating in an artistic endeavor, communing with nature, or exploring sensual pleasure. The chapter suggests that under liberal principles, the law of indecent exposure should be applied only to the most egregious and offensive sorts of exposure for which there is no legitimate justification.

Introduction

Japanese Law ◽  
2021 ◽  
pp. 1-8
Author(s):  
Hiroshi Oda
Keyword(s):  
Legal System ◽  
Civil Law ◽  
The Other ◽  
Legal Consciousness ◽  
Other Hand ◽  
Japanese Law

Japanese law is part of the Civil law (Franco-German) legal system. There have been discussions on the ‘Japanese legal consciousness’, but now, it is agreed that there is no such ‘uniqueness’ of Japanese law. On the other hand, the approach of the courts in interpreting statutes and their role in interpreting contracts may represent some unique aspects of Japanese law.

scholarly journals Breaking Up the Unity of the World: Peter Fitzpatrick’s Conception of Responsive Law

2020 ◽  
pp. 174387212097533
Author(s):  
Johan van der Walt
Keyword(s):  
Rule Of Law ◽  
The Other ◽  
Short Article ◽  
The Rule Of Law ◽  
Other Hand ◽  
The World ◽  
The Law ◽  
The One ◽  
The Ideal

This short article on Peter Fitzpatrick’s conception of “responsive law” analyzes the ambiguous temporality that Fitzpatrick discerned in modern law. On the one hand, law makes the claim of being fully present and therefore already and completely contained in itself. This aspect of law reflects the law’s claim to “immanence,” that is, its claim of always being able to rely strictly on its own operational terms without having to take recourse to any consideration not already contained within itself. It is this aspect of law that renders the ideal of the “rule of law” feasible. On the other hand, the law’s claim to doing justice to every unique and therefore every new case also demands that it takes leave of that which is already settled within it. This aspect of law can be called its “imminence.” The imminence of the law concerns the reality that law always finds itself on the threshold of that which has not yet been said and must still be said. The article shows how Fitzpatrick relied on Freud’s concept of the totem to explain the “wondrous” unity of its immanence and imminence.

scholarly journals Hume’s Fork and Mixed Mathematics

2017 ◽  
Vol 99 (1) ◽  
Author(s):  
Matias Slavov
Keyword(s):  
The Other ◽  
Epistemic Status ◽  
Causal Relations ◽  
Sharp Distinction ◽  
Other Hand ◽  
Pure Mathematics ◽  
Conservation Of Momentum ◽  
The Law ◽  
The One ◽  
Uniformity Principle

Abstract:Given the sharp distinction that follows from Hume’s Fork, the proper epistemic status of propositions of mixed mathematics seems to be a mystery. On the one hand, mathematical propositions concern the relation of ideas. They are intuitive and demonstratively certain. On the other hand, propositions of mixed mathematics, such as in Hume’s own example, the law of conservation of momentum, are also matter of fact propositions. They concern causal relations between species of objects, and, in this sense, they are not intuitive or demonstratively certain, but probable or provable. In this article, I argue that the epistemic status of propositions of mixed mathematics is that of matters of fact. I wish to show that their epistemic status is not a mystery. The reason for this is that the propositions of mixed mathematics are dependent on the Uniformity Principle, unlike the propositions of pure mathematics.

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