Judges, juries and the meaning of words

Twelve years ago, in Brutus u Cozens, the House of Lords held that the meaning of an ordinary word of the English language was not a matter of law for the judge, but a question off act for the jury. The way was opened to the argument that in the definition of criminal offences, the metes and bounds of criminal liability were themselves no longer matters of law, but matters off act for the jury. This would allow a judge, when giving his direction, to read a short sentence or two, and leave the jurors to form a largely untutored view of whether an offence had been committed. No matter that different juries would reach different conclusions on the same facts. No matter that there would be little opportunity for an appellate court to correct what it perceived to be an incorrect verdict.

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Criminal Liability and Crime and Punishment Proportionality in the Crime of Legal Entities

Journal of Politics and Law ◽

10.5539/jpl.v9n6p61 ◽

2016 ◽

Vol 9 (6) ◽

pp. 61

Author(s):

Samira Soltani ◽

Ahmad Ramazani

Keyword(s):

Criminal Liability ◽

Penal Code ◽

Legal Person ◽

The Public ◽

Crime And Punishment ◽

Economic Exclusion ◽

The Law ◽

Definition Of ◽

Legal Entities ◽

The Way

One of the innovations of Islamic Penal Code in 2013 was to accept criminal liability of legal entities. By accepting criminal liability of legal entities, the way to punish them is arisen. As a legal person cannot commit any crime, any punishments are not applicable to them. Accordingly, Article 20 of this Law enumerated a list of penalties applicable to legal persons and it was tried to use penalties in accordance with the legal entities to deal with them. Punishments such as dissolution, confiscation, cash fine, announcement of the judgment, Diyeh, social and economic exclusion; such as a ban on business activities, prohibition of the public invitation to raise capital and ban from drawing business documents listed in Article 20 and Article 14, are a set of punishments which relatively different from usual punishment for individuals. These penalties are relative diversity, but what is objectionable is that the details and conditions of implementation of each of these punishments are not clear. If legislator described the details exactly or provided the condition to require the adoption of The Executive Bylaw of the punishment, it would be better. Given that all the points and issues about penalties for legal persons are not stated in this law as well as ambiguities in the law for a comprehensive definition of legal person, the way to implement main and supplementary punishments, In this study it was tried to evaluate and criticize the legal entities penalties including main and supplementary ones and their grading.

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SENTENCE LENGTH

Al-Adab Journal ◽

10.31973/aj.v0i134.1079 ◽

2020 ◽

pp. 29-42

Author(s):

Liqaa' Sadeq Ali

Keyword(s):

English Language ◽

Sentence Length ◽

Short Sentence ◽

Different Types ◽

Points Of View ◽

Definition Of ◽

Almost All ◽

Proper Length ◽

Coordinate Structures

Writers usually exert many efforts in writing sentences with the proper length. Some of them stick to short sentences, which can make their writing looks choppy. Others like to write with long sentences, which can make the writing seems long-winded or wordy, even if it is not. In English language, the length of a sentence refers to how many words are there in that sentence. In almost all formulas, this number is used to estimate how much the sentence is difficult. Still, sometimes, a short sentence shows more difficulty to be read than a long one. Sometimes, longer sentences lead to facilitate comprehension, especially those that contain coordinate structures. This study discusses the basic grammatical notion of sentence, and its length from different points of view. Innumerable definitions of sentence exist and some of these are presented here to get a workable definition to this key term. A definition of sentence length is also presented. Different treatments of the so called sentence length are to be discussed . The various techniques , that have been devised to deal with the sentence in different types of texts as to get better writings, are accounted for in this study . These points are discussed to reach the end , i.e. the conclusion of good sentence length .

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PERTANGGUNGJAWABAN KERUGIAN NEGARA DALAM PENGELOLAAN KEUANGAN DAERAH

EDUKASI ◽

10.33387/j.edu.v16i1.618 ◽

2018 ◽

Vol 16 (1) ◽

Author(s):

Hendra Karianga

Keyword(s):

Financial Management ◽

Criminal Liability ◽

The State ◽

Legal Proceedings ◽

Regional Finance ◽

Regional Budget ◽

State Finance ◽

Budget Policy ◽

Definition Of ◽

The Impact

Sources of revenue and expenditure of APBD (regional budget) can be allocated to finance the compulsory affairs and optional affairs in the form of programs and activities related to the improvement of public services, job creation, poverty alleviation, improvement of environmental quality, and regional economic growth. The implications of these policies is the need for funds to finance the implementation of the functions, that have become regional authority, is also increasing. In practice, regional financial management still poses a complicated issue because the regional head are reluctant to release pro-people regional budget policy, even implication of regional autonomy is likely to give birth to little kings in region causing losses to state finance and most end up in legal proceedings. This paper discusses the loss of state finance and forms of liability for losses to the state finance. The result of the study can be concluded firstly, there are still many differences in giving meaning and definition of the loss of state finace and no standard definition of state losses, can cause difficulties. The difficulty there is in an effort to determine the amount of the state finance losses. The calculation of state/regions losses that occur today is simply assessing the suitability of the size of the budget and expenditure without considering profits earned by the community and the impact of the use of budget to the community. Secondly, the liability for losses to the state finance is the fulfillment of the consequences for a person to give or to do something in the regional financial management by giving birth to three forms of liability, namely the Criminal liability, Civil liability, and Administrative liability.Keywords: state finance losses, liability, regional finance.

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Problems in English Communicating Skills for Learners of English

International Journal of Contemporary Research and Review ◽

10.15520/ijcrr/2018/9/07/548 ◽

2018 ◽

Vol 9 (07) ◽

pp. 20484-20491

Author(s):

Dr. Ishag Adam Hassan Ahmed

Keyword(s):

Reading Comprehension ◽

English Language ◽

Communicative Competence ◽

Daily Practice ◽

Small Component ◽

Curriculum Review ◽

Comprehension Skills ◽

Definition Of ◽

The University ◽

Reading Comprehension Skills

This paper is devoted to presenting the methods in English communicating skills for Learners of English in general and the problems specific to University of Bahri. English language major’s graduates then; it discusses the notion of communicative competence, and defines strategic competence. It also briefly deals with the various definitions of communication strategies and taxonomies of conversation strategies. Also, I give brief definition of the word conversation, that is the act of talking together or exchange ideas, opinions, skills, and information. As accustomed, speaking is natural and automatic but communication is an art which must be learned and practiced. Also the aim of this paper is to present you with suitable suggestions about how you can solve problems while reading English? In order to comply with this objective: we considered two variables. The first one is that within our daily practice at the university we have students with different abilities while reading English. Therefore, we need to help them increase the ability in reading comprehension. However, we don’t have enough teachers and needed resources to supply them with the help they need. The second variable is related to the fact that at University there are different centers where the students’ skills can improve and their reading comprehension skills deficiencies could be overcome by getting help from the teachers. This study is small component of a larger curriculum review exercise. The findings of study in general suggest that both students and English language lecturers were in agreement that Sudanese students had a problem in writing and speaking English and due to that the conversational problems are raised. Finally, the paper concludes by representing the pedagogical implications of conversation strategies.

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L'anglicisme dans la langue française

Digital Press Social Sciences and Humanities ◽

10.29037/digitalpress.43286 ◽

2019 ◽

Vol 3 ◽

pp. 00013

Author(s):

Danny Susanto

Keyword(s):

English Language ◽

Oil Industry ◽

English Word ◽

Public Institutions ◽

Font Size ◽

The World ◽

French Speaking ◽

The Difference ◽

Definition Of ◽

Bibliographic Study

The purpose of this study is to analyze the phenomenon known as “anglicism”: a loan made to the English language by another language. Anglicism arose either from the adoption of an English word as a result of a translation defect despite the existence of an equivalent term in the language of the speaker, or from a wrong translation, as a word-by-word translation. Said phenomenon is very common nowadays and most languages of the world including making use of some linguistic concepts such as anglicism, neologism, syntax, morphology etc, this article addresses various aspects related to Anglicisms in French through a bibliographic study: the definition of Anglicism, the origin of Anglicisms in French and the current situation, the areas most affected by Anglicism, the different categories of Anglicism, the difference between French Anglicism in France and French-speaking Canada, the attitude of French-speaking society towards to the Anglicisms and their efforts to stop this phenomenon. The study shows that the areas affected are, among others, trade, travel, parliamentary and judicial institutions, sports, rail, industrial production and most recently film, industrial production, sport, oil industry, information technology, science and technology. Various initiatives have been implemented either by public institutions or by individuals who share concerns about the increasingly felt threat of the omnipresence of Anglicism in everyday life.

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The Well-Mannered Auditor

10.1093/oxfordhb/9780190466961.013.12 ◽

2018 ◽

Author(s):

James Deaville

Keyword(s):

Nineteenth Century ◽

English Language ◽

The Self ◽

Modern World ◽

Music Making ◽

Social Events ◽

Drawing Room ◽

The Way

The chapter explores the way English-language etiquette books from the nineteenth century prescribe accepted behavior for upwardly mobile members of the bourgeoisie. This advice extended to social events known today as “salons” that were conducted in the domestic drawing room or parlor, where guests would perform musical selections for the enjoyment of other guests. The audience for such informal music making was expected to listen attentively, in keeping with the (self-) disciplining of the bourgeois body that such regulations represented in the nineteenth century. Yet even as the modern world became noisier and aurally more confusing, so, too, did contemporary social events, which led authors to become stricter in their disciplining of the audience at these drawing room performances. Nevertheless, hosts and guests could not avoid the growing “crisis of attention” pervading this mode of entertainment, which would lead to the modern habit of inattentive listening.

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What is a firm? A reply to Jean-Philippe Robé

Journal of Institutional Economics ◽

10.1017/s1744137421000369 ◽

2021 ◽

pp. 1-11

Author(s):

Simon Deakin ◽

David Gindis ◽

Geoffrey M. Hodgson

Keyword(s):

Theory Of The Firm ◽

Recent Book ◽

Everyday Language ◽

Modern Capitalism ◽

Legal Foundations ◽

Common Parlance ◽

The Law ◽

Business Entities ◽

Definition Of ◽

The Way

Abstract In his recent book on Property, Power and Politics, Jean-Philippe Robé makes a strong case for the need to understand the legal foundations of modern capitalism. He also insists that it is important to distinguish between firms and corporations. We agree. But Robé criticizes our definition of firms in terms of legally recognized capacities on the grounds that it does not take the distinction seriously enough. He argues that firms are not legally recognized as such, as the law only knows corporations. This argument, which is capable of different interpretations, leads to the bizarre result that corporations are not firms. Using etymological and other evidence, we show that firms are treated as legally constituted business entities in both common parlance and legal discourse. The way the law defines firms and corporations, while the product of a discourse which is in many ways distinct from everyday language, has such profound implications for the way firms operate in practice that no institutional theory of the firm worthy of the name can afford to ignore it.

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The Place of Interests in Hobbes’s Civil Science

Hobbes Studies ◽

10.1163/18750257-02902001 ◽

2016 ◽

Vol 29 (2) ◽

pp. 105-128

Author(s):

Elliott Karstadt

Keyword(s):

The Political ◽

Crucial Importance ◽

Political Issue ◽

Political Ideas ◽

Form Of Government ◽

Civil Science ◽

Definition Of ◽

The Impact ◽

The Way

Many scholars argue that Hobbes’s political ideas do not significantly develop between The Elements of Law (1640) and Leviathan (1651). This article seeks to challenge that assumption by studying the way in which Hobbes’s deployment of the vocabulary of ‘interest’ develops over the course of the 1640s. The article begins by showing that the vocabulary is newly important in Leviathan, before attempting a ‘Hobbesian definition’ of what is meant by the term. We end by looking at the impact that the vocabulary has on two key areas of Hobbes’s philosophy: his theory of counsel and his arguments in favour of monarchy as the best form of government. In both areas, Hobbes’s conception of ‘interests’ is shown to be of crucial importance in lending a new understanding of the political issue under consideration.

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Consent after the House of Lords: Taking and leading astray the Law of Theft

Legal Studies ◽

10.1111/j.1748-121x.1993.tb00488.x ◽

1993 ◽

Vol 13 (3) ◽

pp. 308-322

Author(s):

Mitchell C. Davies

Keyword(s):

Criminal Law ◽

House Of Lords ◽

The Law ◽

Definition Of ◽

Specific Definition

The objectives of the Criminal Law Revision Committee when drafting the radical reforms proposed by the 1966 Theft Bill were described by a contemporary commentator2 as being: ‘. . . to do away with the more embarrassing and restrictive technicalities of the existing law . . .’In the same place it was observed that the Committee faced a choice between creating a specific definition of the various theft offences and their elements, or one whose generality would allow it to evolve to meet the challenges presented by ever more complex and sophisticated dishonest dealing.

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Culpability, Kingston and the Law Commission

The Journal of Criminal Law ◽

10.1350/jcla.2010.74.5.658 ◽

2010 ◽

Vol 74 (5) ◽

pp. 434-471 ◽

Cited By ~ 1

Author(s):

Cath Crosby

Keyword(s):

Justice System ◽

Criminal Liability ◽

Character Theory ◽

Criminal Offence ◽

Pragmatic Approach ◽

House Of Lords ◽

The Law ◽

Court Of Appeal ◽

Law Commission ◽

Do So

This article considers the basis upon which a person should be held to be criminally liable, and to do so, it is necessary to examine the leading theories of character and choice that underpin the State holding a person to be culpable of a criminal offence, i.e. the link between culpability and fault. The case of R v Kingston1 is used to examine the application of these leading theories and it is observed that choice theorists would not excuse such a defendant from criminal liability even though his capacity to make a choice to refrain from law breaking was made extremely difficult by external factors beyond his control. Only character theory could possibly offer exculpation in such circumstances on the basis that the defendant acted ‘out of character’ and his deed did not deserve the full censure and punishment of the criminal law. The Court of Appeal in R v Kingston would have been prepared to excuse, but the House of Lords, and most recently the Law Commission have adopted a pragmatic approach to the involuntarily intoxicated offender. This case serves as a reminder that while justice is the aim of the criminal justice system, it is not an absolute standard.

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