Analytical Legal Research for Expounding the Legal Wor(l)d

2020 ◽  
pp. 169-197
Author(s):  
P. Ishwara Bhat
Keyword(s):  
Social Context ◽  
Common Law ◽  
Social Recognition ◽  
Legal Research ◽  
Legal Norms ◽  
The Social ◽  
Analysis And Synthesis ◽  
Analytical Research ◽  
Legal Concepts ◽  
Constitutional Jurisprudence

Analytical research aims at exposition of law and legal concepts by looking at its source, the power behind it, the interconnections with norms at different hierarchies, and the force behind it which may reflect social recognition. It is essential to focus on meanings, silences, and relations in order to bring out the meaning. Since language is born in a social context words are to be understood by looking at the social context. Gaps and interstices of law are to be filled up by exploring the hidden ideas by reading between the lines. Relations are also resources of meaning. In order to analyse the law, determining its status in the hierarchy of legal norms is necessary. In international law, constitutional jurisprudence, law of precedents, and common law we come across the norms governing hierarchy. Once law is located, finding its meaning through analysis and synthesis is the step to be taken.

scholarly journals Rethinking recognition: social context in adult life rather than early experience shapes recognition in a social wasp

2020 ◽  
Vol 375 (1802) ◽  
pp. 20190468 ◽  
Author(s):  
Federico Cappa ◽  
Alessandro Cini ◽  
Lisa Signorotti ◽  
Rita Cervo
Keyword(s):  
Social Context ◽  
Social Insects ◽  
Life Experience ◽  
Adult Life ◽  
Experimental Tests ◽  
Later Life ◽  
Social Wasp ◽  
Social Recognition ◽  
Sensitive Period ◽  
The Social

Social recognition represents the foundation of social living. To what extent social recognition is hard-wired by early-life experience or flexible and influenced by social context of later life stages is a crucial question in animal behaviour studies. Social insects have represented classic models to investigate the subject, and the acknowledged idea is that relevant information to create the referent template for nest-mate recognition (NMR) is usually acquired during an early sensitive period in adult life. Experimental evidence, however, highlighted that other processes may also be at work in creating the template and that such a template may be updated during adult life according to social requirements. However, currently, we lack an ad hoc experiment testing the alternative hypotheses at the basis of NMR ontogeny in social insects. Thus, to investigate the mechanisms underlying the ontogeny of NMR in Polistes wasps, a model genus in recognition studies, and their different role in determining recognition abilities, we subjected Polistes dominula workers to different olfactory experiences in different phases of their life before inserting them into the social environment of a novel colony and testing them in recognition bioassays. Our results show that workers develop their NMR abilities based on their social context rather than through pre-imaginal and early learning or self-referencing. Our study demonstrates that the social context represents the major component shaping recognition abilities in a social wasp, therefore shedding new light on the ontogeny of recognition in paper wasps and prompting the reader to rethink about the traditional knowledge at the basis of the recognition in social insects. This article is part of the theme issue ‘Signal detection theory in recognition systems: from evolving models to experimental tests'.

scholarly journals Restating the common law? The Social Action, Responsibility and Heroism Act 2015

Legal Studies ◽  
2017 ◽  
Vol 37 (4) ◽  
pp. 577-598 ◽  
Author(s):  
James Goudkamp
Keyword(s):  
Social Context ◽  
Social Action ◽  
Common Law ◽  
Personal Injury ◽  
Large Network ◽  
Reasonable Care ◽  
The Social ◽  
The Common ◽  
The Law

The Social Action, Responsibility and Heroism Act 2015 entered into force on 13 April 2015. It is too soon for it to have been considered judicially, and it has not yet been subjected to sustained academic analysis. Accordingly, this article considers its impact. In doing so, it situates the Act in its social context and draws attention to the fact that it is part of a large network of statutes that share the same objectives. It is argued, contrary to prevailing views, that parts of the Act change the law. It is also maintained that the Act’s reach is not confined to personal injury cases or even to tort cases. It potentially applies far more widely, including to contractual actions that allege a failure to take reasonable care. In addition to analysing the Act, this article investigates why the legislature might want to restate the common law (which is what the Act does in part), whether replicating the common law is desirable and, if the legislature is bent on restating the common law, how it should go about doing so.

Charitable according to whom ? The clash between Quebec’s societal values and the law governing the registration of charities

2009 ◽  
Vol 49 (2) ◽  
pp. 277-295
Author(s):  
Kathryn Chan
Keyword(s):  
Social Context ◽  
Common Law ◽  
Real Life ◽  
Voluntary Sector ◽  
French Language ◽  
Societal Values ◽  
The Social ◽  
Cultural Minorities ◽  
The Common ◽  
The Law

In the course of considering the public’s views on the accommodation of cultural minorities in Quebec, the Bouchard-Taylor Commission has produced a valuable record of the views held by Quebec’s voluntary sector organizations, and the societal values that are important to Quebec. In particular, it has underlined Quebec’s strong commitment to three broad public objects — the advancement of the French language and Quebec culture, the encouragement of interculturalism, and the promotion of secularism — that are not recognized as charitable objects under the common law. The Bouchard-Taylor Commission has therefore provided a timely and relevant backdrop against which to consider the real-life implications of using the common law of charitable trusts to give meaning to the statutory concept of charity (bienfaisance) in Quebec. Based on her observations of the Commission experience, the author suggests that the disjuncture between the law demarcating Quebec’s charitable sector and the social context within which the sector operates has become significant enough to merit a reconsideration of this longstanding approach.

scholarly journals Some examples of treason in the 13th-century Serbia

2020 ◽  
pp. 21-44
Author(s):  
Ivana Komatina
Keyword(s):  
Social Context ◽  
Common Law ◽  
13Th Century ◽  
14Th Century ◽  
The Social ◽  
Written Law

The paper observes examples of treason, that is, infidelity in the 13th-century Serbia. The author intends to show how this procedure was sanctioned by common law, since the punishments for such crimes appeared in the Serbian medieval written law only from the 14th century, all that with the aim of getting to know as closely as possible the social context of medieval Serbia.

scholarly journals (R)évolution en matière de libéralités : L’exemple de la liberté testamentaire au Québec

2021 ◽  
Vol 65 (4) ◽  
pp. 609-652
Author(s):  
Christine Morin ◽  
Keyword(s):  
Social Context ◽  
Family Law ◽  
Common Law ◽  
Civil Code ◽  
Public Order ◽  
Material Sources ◽  
The Social ◽  
The Family ◽  
Need For Support ◽  
Legislative Measures

"In Canada, Quebec is the only province to have a legal system under which civil matters are regulated by a Civil Code and not by common law. Nonetheless, Quebeckers had unlimited “freedom of willing” until 1989. Henceforth, although Quebeckers remain free to determine via their last wills and testaments to whom they wish to bequeath their property, their margin of freedom is limited by legislative measures governing the survival of the obligation to provide support after death and the partitioning of the family patrimony. Such limitations on the freedom to bequeath are based upon a family interpretation of public order whereby the deceased must share the value of given property with his or her spouse and look after the immediate family’s need for support. Despite this, the Civil Code makes still no provision, as in French law, for an “undisposable estate” (réserves héréditaires) and it is fitting to question the reasons motivating this decision. The author attempts to identify the social context in which freedom to bequeath came to be limited. As such, she seeks to make known the material sources underpinning the adoption of the Bill that introduced the primary limitations on freedom to bequeath. Her study shows that within the framework of discussions on relevancy to limit this freedom, the issue being debated shifted its objective. Participants widened the initial debate then focused on the transmission of the patrimony by redefining it to encompass the questions of sharing family assets. This transformation contributes to explain how the law of successions in Quebec has drawn closer to family law."

scholarly journals Safeguard of the Police Intelligence Against Court Decisions Regarding the Object of the Dispute

2020 ◽  
Vol 2 (2) ◽  
pp. 1-12
Author(s):  
La Ode Husen ◽  
Salle Salle ◽  
Arri Abdi Syalman ◽  
Abd. Kahar Muzakkir
Keyword(s):  
Data Analysis ◽  
Qualitative Approach ◽  
Court Decisions ◽  
The South ◽  
Legal Research ◽  
Legal Norms ◽  
Application Of Law ◽  
South Sulawesi ◽  
The Social ◽  
Administration And Supervision

This study aims to analyze the effectiveness of safeguard of the Police Intelligence against court decisions regarding the object of the dispute in South Sulawesi Province. This research uses an empirical study method which is also called sociological legal research because it sees the application of law as a factual condition in the social environment and its relationship with legal norms. This research was conducted in South Sulawesi Province, with 92 respondents. Data analysis in this study uses a qualitative approach, which processes the output of the questionnaire, and is presented in the form of frequency tabulation (F) and percentage distribution (%). The results of this study show that the safeguard of South Sulawesi Regional Police Ditintelkam in the execution process regarding the object of the dispute in South Sulawesi Province based on Perkap BIN No. 2 of 2013, can be assessed from four aspects, as follows: Safeguarding Targets; Safeguarding Implementation; Coordination and Administration; and Supervision and Controlling. Data acquisition of all indicators based on safeguard aspects of the South Sulawesi Regional Police Ditintelkam still shows less effective results. Seriousness is needed in increasing the safeguard effectiveness at the South Sulawesi Regional Police Ditintelkam to ensure the process of executing court decisions regarding the object of the dispute can be more effective in the future.

II Constitutional Jurisprudence, 7 National Constitutional Adjudication in the European Space

2016 ◽  
Author(s):  
Barsotti Vittoria ◽  
Carozza Paolo G ◽  
Cartabia Marta ◽  
Simoncini Andrea
Keyword(s):  
European Union ◽  
Common Law ◽  
European Convention ◽  
The European Union ◽  
Constitutional Courts ◽  
Legal Norms ◽  
Constitutional System ◽  
Transnational Space ◽  
Constitutional Adjudication ◽  
Constitutional Jurisprudence

This chapter traces the development of the Constitutional Court’s relationship to the European transnational space, specifically the European Union and the European Convention on Human Rights. It is a fascinating study in how the interactions between the three different but interrelated legal orders have generated what could be called a multilevel constitutional system—one that does not work on a hierarchically ordered scale, but that instead opens up the possibility of shaping a sort of European common law of constitutionalism. The importance of this topic is very apparent, not only for the rest of Europe, but even more for other constitutional courts needing to address their national legal systems’ relationships with supranational legal norms and institutions.

It’s All or Nothing: Consent, Reasonable Belief, and the Continuum of Sexual Violence in Judicial Logic

2020 ◽  
pp. 096466392094781
Author(s):  
Ashlee Gore
Keyword(s):  
Social Context ◽  
Sexual Assault ◽  
Sexual Violence ◽  
Common Law ◽  
Rape Myth ◽  
Reasonable Belief ◽  
The Social ◽  
Progressive Potential ◽  
Jury Decisions ◽  
The Continuum

This paper discusses controversies over the reasonable belief in consent defence to sexual assault shared by many common law jurisdictions. The implementation of a ‘reasonable’ belief standard has been heralded as a safeguard against rape myth narratives that endorsed men’s unreasonable but ‘honest’ beliefs in women’s consent. This paper argues that judicial constructions of reasonable belief in consent continue to apply notions of reasonableness abstracted from the social context of women’s experience of sexual violence and disconnected from sociological insights which contextualise both the encounter and jury decisions. Using a feminist sociocultural analysis (Gavey, 2005; Kelly, 1988), the successful appeal in the case of R v Lennox (2018 Queensland, Australia), against his conviction by a jury is discussed. The reasoning in the Lennox appeal reveals that overriding judicial constructions of women as incredible in their communication of non-consent, and the prevailing legal dichotomies of consent, and credibility as ‘all or nothing’, undo the progressive potential of the standard of ‘reasonableness’ in consent law and reinforce the phallocentrism of legal discourse.

scholarly journals PERJANJIAN EKSTRADISI DALAM PENEGAKAN HUKUM TINDAK PIDANA KORUPSI DI INDONESIA

Yustitia ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 180-200
Author(s):  
Nabella Rona Sahati ◽  
Kodrat Alam
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Research Method ◽  
Diplomatic Relations ◽  
Legal Research ◽  
Legal Norms ◽  
The World ◽  
National Jurisdiction ◽  
Analytical Research ◽  
The Law

Extradition Agreeament (treaty) provides facilities for countries that have an agreement, where the agreement is to act against, arrest and prosecute criminals in a country who have fled to another country outside national jurisdiction. The presence of the perpetrator in another country is to avoid attempts to arrest him in connection with the crime he has committed in the country of origin. So by running out of the country, this means that there are other countries whose interests are harmed because they cannot arrest the perpetrator, in which the perpetrator has committed a violation of the law based on the location where the crime was committed (locus delicti). One of them is that the criminal case of corruption is considered a threat of extraordinary crime that harms all people in the world, in upholding the law of corruption in which the perpetrator has fled abroad so that he feels safe and free from a crime he has committed. So extradition is very necessary for the perpetrators of corruption who have fled to other countries. From the background that has been explained, the following problems can be made inventory, namely 1) what is the position of the extradition agreement in international law related to criminal acts of corruption and 2) how is the implementation of extradition agreements against perpetrators of corruption in Indonesia. This study uses a normative juridical research method, namely legal research that refers to legal norms contained in statutory regulations with descriptive analytical research specifications with the aim of obtaining an overview of the application of extradition agreements to perpetrators of corruption in Indonesia based on Law Number 1 of 1979 of Extradition. The results in this research have shown that indeed there have been regulations regarding extradition treaties but it has been long enough and it is necessary to have regulatory reforms according to existing needs, furthermore it is necessary to improve diplomatic relations because law enforcement of criminal acts of corruption which involves cooperation between two countries is not only achieved through extradition treaties, but also good diplomatic relations.

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