The Decision of a Legal Dilemma

2017 ◽  
Author(s):  
Valentin Jeutner
Keyword(s):  
Final Section ◽  
Research Question ◽  
Ought Implies Can ◽  
International Courts ◽  
The Third ◽  
Proposal A ◽  
The Law

The third part addresses the third research question; namely by whom and how should a legal dilemma be decided? The first section focusses mainly on the introduction and description of the three elements of the book’s proposal: a dilemmatic declaration, a sovereign decision, and the acceptance of responsibility for any decision taken. The second and third section then defend the proposal against various objections. First, various theoretical objections relating to the law of non-contradiction, the ‘ought implies can’ maxim, and the monopoly of violence will be considered. Subsequently, the final section of this third part considers more practical concerns related to the jurisdiction of international courts, sovereign decisionism, and the potential unfairness of the proposed method for addressing dilemmatic circumstances.

The Ilian Tyrant-Killing Law

2013 ◽  
Author(s):  
David A. Teegarden
Keyword(s):  
Final Section ◽  
Historical Context ◽  
The Third ◽  
The Law

This chapter focuses on the Ilian tyrant-killing law. The law is long and complex, its extant portions alone contain roughly twice the number of words as the Eretrian tyrant-killing law and 4.5 times as many words as the law of Eukrates (Ilion: 1,078; Eretria: 534; Eukrates: 227). This chapter first examines the provisions in order to ensure that we know what the Ilian pro-democrats actually promulgated. The second section presents the law's likely historical context. It considers both the circumstances within which the law was promulgated and the nature of tyrannical threat that confronted the Ilians at that time. The third and final section determines whether or not the law was effective.

scholarly journals RECONSTRUCTION OF CHILD CRIMINAL SANCTIONS IN PERSPECTIVE OF LAW NUMBER 11 THE YEAR 2012 CONCERNING JUSTICE CHILD CRIMINAL JUSTICE SYSTEM BASED ON JUSTICE VALUES

2020 ◽  
Vol 5 (18) ◽  
pp. 68-81
Author(s):  
Akhmad Munawar ◽  
Gunarto Gunarto ◽  
Anis Mashdurohatun ◽  
Sri Endah Wahyuningsih
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Legal Theory ◽  
Research Question ◽  
Deterrent Effect ◽  
Prison Sentence ◽  
Criminal Sanctions ◽  
The Third ◽  
The Law

Children who are in conflict with the law are seen to need to be given physical and spiritual protection. Bearing in mind, the Court's decision is more likely to impose imprisonment sanctions. The United Nations in several Congresses has criticized imprisonment sanctions, besides having the potential to cause stigmatization in children, it is also ineffective and does not create a deterrent effect. This study aims to examine and to analyze the implementation of Child Criminal sanctions in the perspective of Law Number 11-year 2012 concerning the Child Criminal Justice System, to analyze the factors that influence child criminal sanctions that are not yet fair. The research question is how the reconstruction of child-based criminal sanctions based on justice is. This research is included in non-doctrinal research (empirical). It used three theories, namely the theory of criminal purpose to analyze the first problem, the dignified justice theory to analyze the second problem and progressive legal theory to analyze the third problem. The results found that the implementation of sanctions Crime against a child in conflict with a law imposed by a prison sentence, the Judge in his consideration emphasizes juridical considerations so that the criminal sanctions imposed on the child are not in accordance with teleological theory as the purpose of punishment. Criminal sanctions against children have not brought justice, among others, because several articles in Law Number 11-year 2012 concerning the Child Criminal Justice System still have weaknesses. Reconstruction of Articles that hinder the realization of fair criminal sanctions, namely Article 7 paragraph (2) Article 32 paragraph (2), Article 71 paragraph (1) letter e, Article 79 paragraph (1) and Article 81 paragraph (1) of the Law Number 11 the year 2012 concerning the Child Criminal Justice System.

scholarly journals Development of Comparative Law in Germany, Switzerland, and Austria

2006 ◽  
pp. 68-106 ◽  
Author(s):  
Ingeborg Schwenzer
Keyword(s):  
Nineteenth Century ◽  
Cold War ◽  
Weimar Republic ◽  
Final Section ◽  
Comparative Law ◽  
Fourth Section ◽  
The Third ◽  
The Law ◽  
Post War ◽  
The Cold War

This article provides an overview both of the development of comparative law as a field of research, and of its impact on legal changes in Germany, Switzerland, and Austria. It focuses on the development of comparative law in the field of the law of obligations. The second section deals with the long nineteenth century. The third section considers the golden age of comparative law, which covers the period of the Weimar Republic. The fourth section discusses the ‘dark age’ of the 1930s and the first half of the 1940s. The fifth section describes recovery and post-war developments until the end of the cold war. The final section focuses on attempts to unify the law and on new approaches to comparative law which have gained in importance in the course of the Europeanization of private law.

The Joy of the Law

2015 ◽  
Vol 9 (2) ◽  
pp. 166-181 ◽  
Author(s):  
Willem van Vlastuin
Keyword(s):  
Research Question ◽  
The Third ◽  
Ten Commandments ◽  
The Future ◽  
The Law ◽  
Relationship Of ◽  
A Current ◽  
Interpretative Framework

In this essay, the author studies the so-called third use of the law in the Heidelberg Catechism, as a representative creed in the Calvinistic confession. In the introduction several current problems surrounding the normative use of the law are investigated, which leads to the research question: How can this use in the Heidelberg Catechism contribute to current theology of renewal? The structures of this catechism and the interpretative framework for the treatment of the law are first described, this is followed by an assessment of how the third use of the law in this catechism functions according to its own theological structures. It becomes clear that the treatment of the Ten Commandments differs from the theological framework. While the structures of the Heidelberg Catechism guarantee spiritual liberty for the treatment of the Ten Commandments, in the practical functioning of the law this liberty is weakened. This is confirmed by the treatment of the law in the theological framework of the balanced relationship of mortification and quickening. The third use of the law for a current theology of renewal is then revisited and it is suggested that the discovery of the eschatological aspect of Christology can be applied to soteriology, which opens up the possibility of speaking about the fulfillment of the law by the Spirit in the hearts and lives of believers as an earnest of the future glory. In this way the joy of the law can function in a theological framework.

scholarly journals Development of Comparative Law in Germany, Switzerland, and Austria

2019 ◽  
pp. 53-86
Author(s):  
Ingeborg Schwenzer
Keyword(s):  
Nineteenth Century ◽  
Cold War ◽  
Weimar Republic ◽  
Final Section ◽  
Comparative Law ◽  
Fourth Section ◽  
The Third ◽  
The Law ◽  
Post War ◽  
The Cold War

This article provides an overview both of the development of comparative law as a field of research, and of its impact on legal changes in Germany, Switzerland, and Austria. It focuses on the development of comparative law in the field of the law of obligations. The second section deals with the long nineteenth century. The third section considers the golden age of comparative law, which covers the period of the Weimar Republic. The fourth section discusses the ‘dark age’ of the 1930s and the first half of the 1940s. The fifth section describes recovery and post-war developments until the end of the cold war. The final section focuses on attempts to unify the law and on new approaches to comparative law which have gained in importance in the course of the Europeanization of private law.

The New Terrain of International Law

2014 ◽  
Author(s):  
Karen J. Alter
Keyword(s):  
International Law ◽  
Case Studies ◽  
Domestic Politics ◽  
Political Influence ◽  
The Political ◽  
International Courts ◽  
Constitutional Review ◽  
Delegation Of Authority ◽  
The World ◽  
The Law

In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. This book charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The book presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, the book argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. The book explains how this limited power—the power to speak the law—translates into political influence, and it considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.

Same Address, Different Doors: Post-Heritage Deconstruction of the Heritage Household in Upstairs Downstairs in the 1970s and 2010s

2020 ◽  
Author(s):  
William Abbiss
Keyword(s):  
Final Section ◽  
Social Structures ◽  
The Third ◽  
The Past ◽  
War Narrative ◽  
Critical History ◽  
The Social ◽  
Fourth Series ◽  
History Of ◽  
Multiple Episodes

This article offers a ‘post-heritage’ reading of both iterations of Upstairs Downstairs: the LondonWeekend Television (LWT) series (1971–5) and its shortlived BBC revival (2010–12). Identifying elements of subversion and subjectivity allows scholarship on the LWT series to be reassessed, recognising occasions where it challenges rather than supports the social structures of the depicted Edwardian past. The BBC series also incorporates the post-heritage element of self-consciousness, acknowledging the parallel between its narrative and the production’s attempts to recreate the success of its 1970s predecessor. The article’s first section assesses the critical history of the LWT series, identifying areas that are open to further study or revised readings. The second section analyses the serialised war narrative of the fourth series of LWT’s Upstairs, Downstairs (1974), revealing its exploration of female identity across multiple episodes and challenging the notion that the series became more male and upstairs dominated as it progressed. The third section considers the BBC series’ revised concept, identifying the shifts in its main characters’ positions in society that allow the series’ narrative to question the past it evokes. This will be briefly contrasted with the heritage stability of Downton Abbey (ITV, 2010–15). The final section considers the household of 165 Eaton Place’s function as a studio space, which the BBC series self-consciously adopts in order to evoke the aesthetics of prior period dramas. The article concludes by suggesting that the barriers to recreating the past established in the BBC series’ narrative also contributed to its failure to match the success of its earlier iteration.

Same Address, Different Doors: Post-Heritage Deconstruction of the Heritage Household in Upstairs Downstairs in the 1970s and 2010s

2020 ◽  
Author(s):  
William Abbiss
Keyword(s):  
Final Section ◽  
Social Structures ◽  
The Third ◽  
The Past ◽  
War Narrative ◽  
Critical History ◽  
The Social ◽  
Fourth Series ◽  
History Of ◽  
Multiple Episodes

This article offers a ‘post-heritage’ reading of both iterations of Upstairs Downstairs: the LondonWeekend Television (LWT) series (1971–5) and its shortlived BBC revival (2010–12). Identifying elements of subversion and subjectivity allows scholarship on the LWT series to be reassessed, recognising occasions where it challenges rather than supports the social structures of the depicted Edwardian past. The BBC series also incorporates the post-heritage element of self-consciousness, acknowledging the parallel between its narrative and the production’s attempts to recreate the success of its 1970s predecessor. The article’s first section assesses the critical history of the LWT series, identifying areas that are open to further study or revised readings. The second section analyses the serialised war narrative of the fourth series of LWT’s Upstairs, Downstairs (1974), revealing its exploration of female identity across multiple episodes and challenging the notion that the series became more male and upstairs dominated as it progressed. The third section considers the BBC series’ revised concept, identifying the shifts in its main characters’ positions in society that allow the series’ narrative to question the past it evokes. This will be briefly contrasted with the heritage stability of Downton Abbey (ITV, 2010–15). The final section considers the household of 165 Eaton Place’s function as a studio space, which the BBC series self-consciously adopts in order to evoke the aesthetics of prior period dramas. The article concludes by suggesting that the barriers to recreating the past established in the BBC series’ narrative also contributed to its failure to match the success of its earlier iteration.

Relaxations of Contractual Privity and the Need for Third Party Rights in Chinese Contract Law

2018 ◽  
Author(s):  
Chen Lei
Keyword(s):  
Direct Action ◽  
Contract Law ◽  
Third Party ◽  
Chinese Law ◽  
The Third ◽  
Right Of Action ◽  
The Law ◽  
The Third Party ◽  
The Right

This chapter examines the position of third party beneficiaries in Chinese law. Article 64 of the Chinese Contract Law states that where a contract for the benefit of a third party is breached, the debtor is liable to the creditor. The author regards this as leaving unanswered the question of whether the thirdparty has a right of direct action against the debtor. One view regards the third party as having the right to sue for the benefit although this right was ultimately excluded from the law. Another view, supported by the Supreme People’s Court, is that Article 64 does not provide a right of action for a third party and merely prescribes performance in ‘incidental’ third party contracts. The third view is that there is a third party right of action in cases of ‘genuine’ third party contracts but courts are unlikely to recognize a third party action where the contract merely purports to confer a benefit on the third party.

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