Labour Law from an Ontological Perspective

2020 ◽  
pp. 1-20
Author(s):  
Zoe Adams
Keyword(s):  
Social Ontology ◽  
Labour Law ◽  
The Law ◽  
And Function

This introductory chapter explains the motivation behind the book. It argues that it is unhelpful to talk about what labour law should be doing, and how, without a deeper understanding both of what law is, its ontology, and the nature of the society to which it is specific. The chapter introduces key themes and ideas, and outlines, briefly, the chapters to follow. It introduces the reader to social ontology, and the particular approach to social ontology inspiring the book. It contrasts two competing conceptions of the law–market and law–society relationship, and explains how these conceptions influence assumptions about the nature, and function, of labour law, and of the concept of the wage.

1. Introduction

2020 ◽  
pp. 1-28
Author(s):  
Jack Beatson ◽  
Andrew Burrows ◽  
John Cartwright
Keyword(s):  
Contract Law ◽  
Property Law ◽  
Unjust Enrichment ◽  
Different Types ◽  
English Law ◽  
The Law ◽  
Contractual Obligations ◽  
And Function

This introductory chapter first considers the nature and function of contract. It then discusses the contractual obligations in English law; the content of the contract law as set out in this book, which is concerned with the ‘general principles’ of contract rather than the detailed rules applicable to different types of contracts; the location of contract as part of the law of obligations and its relation to other parts of the law of obligations, tort and restitution of an unjust enrichment, and property law.

Introduction

2018 ◽  
pp. 1-28
Author(s):  
John B. Nann ◽  
Morris L. Cohen
Keyword(s):  
Social History ◽  
Legal History ◽  
The United States ◽  
Historical Research ◽  
The Political ◽  
Bill Of Rights ◽  
History Of ◽  
The Law ◽  
The U.S

This introductory chapter provides an overview of legal history research. An attorney might conduct legal history research if the law at question in a legal dispute is very old: the U.S. Constitution and the Bill of Rights are well over two hundred years old. Historical research also comes into play when the question at issue is what the law was at a certain time in the past. Ultimately, law plays an important part in the political and social history of the United States. As such, researchers interested in almost every aspect of American life will have occasion to use legal materials. The chapter then describes the U.S. legal system and legal authority, and offers six points to consider in approaching a historical legal research project.

scholarly journals SUATU KAJIAN YURIDIS TERHADAP PENGGUNAAN ALAT BUKTI ELEKTRONIK DALAM KEJAHATAN CYBER DALAM SISTEM PENEGAKAN HUKUM

2021 ◽  
Vol 3 (2) ◽  
pp. 11-25
Author(s):  
Ni Made Trisna Dewi,Reido Lardiza Fahrial
Keyword(s):  
Law Enforcement ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Criminal Case ◽  
Law Enforcement Agencies ◽  
Electronic Evidence ◽  
Procedure Code ◽  
The Law ◽  
Witness Statements ◽  
And Function

Abuse in the electronic transaction because it is formed from an electronic process, so the object changes, the goods become electronic data and the evidence is electronic.  Referring to the provisions of positive law in Indonesia, there are several laws and regulations that have set about electronic evidence as legal evidence before the court but there is still debate between the usefulness and function of the electronic evidence itself, from that background in  The following problems can be formulated, How do law enforcement from investigations, prosecutions to criminal case decisions in cybercrimes and How is the use of electronic evidence in criminal case investigations in cybercrimes This research uses normative research methods that are moving from the existence of norm conflicts between the Criminal Procedure Code and  ITE Law Number 19 Year 2016 in the use of evidence.  The law enforcement process of the investigator, the prosecution until the court's decision cannot run in accordance with the provisions of ITE Law Number 19 of 2016, because in interpreting the use of electronic evidence still refers to Article 184 paragraph (1) KUHAP of the Criminal Procedure Code stated that the evidence used  Legitimate are: witness statements, expert statements, letters, instructions and statements of the accused so that the application of the ITE Law cannot be applied effectively The conclusion of this research is that law enforcement using electronic evidence in cyber crime cannot stand alone because the application of the Act  - ITE Law Number 19 Year 2016 still refers to the Criminal Code so that the evidence that is clear before the trial still refers to article 184 paragraph (1) KUHAP of the Criminal Procedure Code and the strength of proof of electronic evidence depends on the law enforcement agencies interpreting it because all electronic evidence is classified into  in evidence in the form of objects as  so there is a need for confidence from the legal apparatus in order to determine the position and truth of the electronic evidence.   Penyalahgunaan didalam transaksi elektronik tersebut karena terbentuk dari suatu proses elektronik, sehingga objeknya pun berubah, barang menjadi data elektronik dan alat buktinya pun bersifat elektronik. Mengacu pada ketentuan hukum positif di Indonesia, ada beberapa peraturan perundang-undangan yang telah mengatur mengenai alat bukti elektronik sebagai alat bukti yang sah di muka pengadilan tetapi tetap masih ada perdebatan antara kegunaan dan fungsi dari alat bukti elektronik itu sendiri, dari latar belakang tersebut di atas dapat dirumuskan masalah sebagai berikut, Bagaimana penegakkan hukum dari penyidikan, penuntutan sampai putusan perkara pidana dalam kejahatan cyber dan Bagaimanakah penggunaan bukti elektronik dalam pemeriksaan perkara pidana dalam kejahatan cyber Penelitian ini menggunakan metode penelitian normatif yakni beranjak dari adanya konflik norma antara KUHAP dengan Undang-undang ITE Nomor 19 Tahun 2016 dalam penggunaan alat bukti. Proses penegakkan hukum dari penyidik, penuntutan sampai pada putusan pengadilan tidak dapat berjalan sesuai dengan ketentuan Undang-undang ITE Nomor 19 Tahun 2016, karena dalam melakukan penafsiran terhadap penggunaan alat bukti Elektronik masih mengacu pada Pasal 184 ayat (1) KUHAP disebutkan bahwa alat bukti yang sah adalah: keterangan saksi, keterangan ahli, surat, petunjuk dan keterangan terdakwa. sehingga penerapan Undang-undang ITE tidak dapat diterapkan secara efektiv. Kesimpulan dari penelitian ini adalah penegakan hukum dengan menggunakan alat bukti elektronik dalam kejahatan cyber tidak bisa berdiri sendiri karena penerapan Undang-Undang ITE Nomor 19 Tahun 2016 tetap merujuk kepada KUHP sehingga alat bukti yang sah di muka persidangan tetap mengacu pada pasal 184 ayat (1) KUHAP dan Kekuatan pembuktian alat bukti elektronik tersebut tergantung dari aparat hukum dalam menafsirkannya karena semua alat bukti elektronik tersebut digolongkan ke dalam alat bukti berupa benda sebagai petunjuk sehingga diperlukan juga keyakinan dari aparat hukum agar bisa menentukan posisi dan kebenaran dari alat bukti elektronik tersebut.

scholarly journals Defining Urban Science

2021 ◽  
pp. 15-28
Author(s):  
Michael Batty
Keyword(s):  
Spatial Structure ◽  
Spatial Interaction ◽  
Urban Informatics ◽  
Form And Function ◽  
Urban Science ◽  
Operational Models ◽  
And Function ◽  
The City ◽  
Different Levels

AbstractThis introductory chapter provides a brief overview of the theories and models that constitute what has come to be called urban science. Explaining and measuring the spatial structure of the city in terms of its form and function is one of the main goals of this science. It provides links between the way various theories about how the city is formed, in terms of its economy and social structure, and how these theories might be transformed into models that constitute the operational tools of urban informatics. First the idea of the city as a system is introduced, and then various models pertaining to the forces that determine what is located where in the city are presented. How these activities are linked to one another through flows and networks are then introduced. These models relate to formal models of spatial interaction, the distribution of the sizes of different cities, and the qualitative changes that take place as cities grow and evolve to different levels. Scaling is one of the major themes uniting these different elements grounding this science within the emerging field of complexity. We then illustrate how we might translate these ideas into operational models which are at the cutting edge of the new tools that are being developed in urban informatics, and which are elaborated in various chapters dealing with modeling and mobility throughout this book.

scholarly journals The Position And Function Of Notary In The Using Of State Symbol

Jurnal Akta ◽  
2020 ◽  
Vol 7 (1) ◽  
pp. 9
Author(s):  
Arief Rahman Siregar ◽  
Gunarto Gunarto
Keyword(s):  
Criminal Responsibility ◽  
Secondary Data ◽  
Letter Position ◽  
Problem Formulation ◽  
Criminal Code ◽  
The State ◽  
Positive Law ◽  
The Law ◽  
Notary Public ◽  
And Function

This study tried to answer the problem formulation is What position and Function of Notary in using the State symbol? What if Notaries do malpractices in the using of State Symbol and how sanctions against malpractice Notary Public who use the State Symbol? The purpose of this study to determine the position and Function of Notary in using the State Symbol, and determine sanctions against notaries who do mal practice in the using of State Symbol.This research was conducted using the normative method, means testing and reviewing secondary data, using literature data in the form of positive law relating to Legislation relating to the issues discussed.The results of this study concluded that a Notary Public in the office using the Symbol State under Article 16 paragraph (1) letter k of Notary law) and use of the State symbol of Notary's Stamp or Head Letter Position as stipulated in Article 54 paragraph (1) letter j Act No. 24 of 2009 and as Stamp of Department Office as stipulated in Article 54 paragraph (2) letter j Act No. 24 of 2009, while the Notary malpractice in the using of State symbol is not necessarily directly given to criminal sanctions as a form of application of the law ultimum remidium. because there are several steps that must be passed given the Notary has its own rules in the Law on Notary. Notary of the behavior is also governed by a special organization that Indonesian Notary Association (INI), but still asked the criminal responsibility under Act No. 24 of 2009 and Article 154 of the Criminal Code letter if indeed Notary proven legally and convincingly to have malpractice against the using of State Symbol.Keywords: Notary Authority; Notary Position; Sanctions Against Notary.

The Decentering of Democracies

2011 ◽  
Author(s):  
Pierre Rosanvallon
Keyword(s):  
Great Majority ◽  
Political Obligation ◽  
Democratic Politics ◽  
Majority Principle ◽  
History Of ◽  
The Law ◽  
The Difference ◽  
Democratic Elections

This introductory chapter considers the definitions of legitimacy in the context of democratic politics. Expressions such as the “great majority” or “vast majority” established the law of numbers, in contrast to the minority rule characteristic of despotic and aristocratic regimes. At first, it was the difference in the origins of power and the foundation of political obligation that was crucial. Later, the majority principle came to be recognized in a more narrowly procedural sense. The chapter traces this evolution within the history of democratic elections, positing a decentering of democracy as newer forms of political investment emerge, making democratic politics into something more than merely electing representatives.

SISTEM PENILAIAN PRESTASI KERJA PEGAWAI KOMISI PENYIARAN INDONESIA DAERAH ACEH

2014 ◽  
Vol 1 (2) ◽  
Author(s):  
Said Firdaus
Keyword(s):  
Performance Evaluation ◽  
Job Performance ◽  
Evaluation System ◽  
Individual Evaluation ◽  
The Law ◽  
And Performance ◽  
And Function ◽  
Good Behaviour

Aceh Indonesian Broadcasting Commision is an independent institution and has authority according to the law to manage the running of broadcasting in Aceh. In performing it tasks and function, KPID has been assisted by a secretariat where the personnels are outsourcing staff. To evaluate the performance of staff, KPID carried out performance evaluation system.Performance evaluation system at KPID is in form of individual evaluation where a superior directly evaluate behaviour and performance of his/her subordinates. For behaviour evaluation, the results of evaluation is in form of good, middle, and less good behaviour. While for performance, the results is in form of the achievement of job volume. The results would then be base for the decision of the institution.According to evaluation been done and compared with the theory, it can be concluded that in the staff job performance evaluation within KPID, the system used has been complied with the regulation. It can be seen from the administration of staff job performance evaluation at KPID where the method used was the same as the theory. 

Introduction: The Bollywood Eclipse

2015 ◽  
Author(s):  
Neelam Sidhar Wright
Keyword(s):  
First Century ◽  
Film Production ◽  
Indian Cinema ◽  
Aesthetic Style ◽  
Twenty First Century ◽  
And Function ◽  
Film Language

This book examines changes in Bollywood's film production during the twenty-first century, and particularly after its economic liberalisation, giving rise to a ‘New Bollywood’. It shows how the Indian cinema has acquired evidently postmodern qualities and explains what postmodernism means in the context of Bollywood cinema. It also considers what postmodernism tells us about the change and function of Bollywood film language after the twenty-first century. The book describes Bollywood's ‘postmodern turn’ as a form of transformation that reworks or revisits previous aesthetic trends in order to produce a radically different aesthetic. ‘New Bollywood’ refers to contemporary films characterised by a strong postmodern aesthetic style which was not as present in the 1990s. This introductory chapter discusses the meaning of ‘contemporary Bollywood’, postmodernism as a means of reading and interpreting films, and the structure of the book.

The incendiaries of sedition and confusion

2018 ◽  
Author(s):  
Robert G. Ingram
Keyword(s):  
The Law ◽  
The Church

Section IV of this book deals with William Warburton. This introductory chapter to Section IV charts Warburton’s idiosyncratic path to polemical divinity and the principles which guided his work. It traces his path from the law to the church. It also considers his first substantive publication, A Critical and Philosophical Enquiry into the Causes of Prodigies (1727). That work posited a method to distinguish truth from lies and first broached many of the subjects with which he would deal during his long polemical career.

The Contractualisation of Labour Law

2018 ◽  
pp. 33-47
Author(s):  
John Gardner
Keyword(s):  
Common Law ◽  
Employment Relationship ◽  
Labour Law ◽  
Work Relations ◽  
Contractual Relationship ◽  
The World ◽  
British Labour ◽  
The Common ◽  
The Law ◽  
Main Ideas

This chapter explores the idea that labour law rests on ‘a contractual foundation’, and the idea that work relations today are ever more ‘contractualised’. Section 1 lays out some essentials of British labour law and its connections with the common law of contract. Section 2 explains what contractualisation is, not yet focusing attention on the specific context of labour law. The main claims are that contract is not a specifically legal device, and that contractualisation is therefore not a specifically legal process, even when the law is complicit in it. Section 3 shifts attention to the world of work, especially the employment relationship. Here the main ideas are that the employment relationship is not (apart from the law) a contractual relationship, and that all the norms of the employment relationship cannot therefore be captured adequately in a contract, legally binding or otherwise. Section 4 illustrates the latter point by focusing on the rationale and the limits of the employer’s authority over the employee. A contractual rationale yields the wrong limits. It gives its blessing to authoritarian work regimes and lends credence to the miserable view that work is there to pay for the life of the worker without forming part of that life. Throughout the chapter there are intimations of the conclusion drawn in section 5: that contractualisation, in the labour market at least, is a process that lovers of freedom, as well as lovers of self-realisation, should resist—or rather, should have resisted while they still had the chance.

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