Loyal Opposition: Minorities and State Law

2017 ◽  
Vol 42 (04) ◽  
pp. 1224-1230 ◽  
Author(s):  
Assaf Likhovski
Keyword(s):  
South Asia ◽  
Legal Culture ◽  
The State ◽  
State Law ◽  
Economic Success ◽  
Minority Discourse ◽  
The Law ◽  
Jewish Immigrants ◽  
German Jewish ◽  
The Relationship

This essay on Mitra Sharafi's Law and Identity in Colonial South Asia: Parsi Legal Culture, 1772–1947 (2014) focuses on the relationship between certain minorities and the law of the state. It seeks to expand the discussion found in Sharafi's book in three directions: first, by comparing the attitude of Parsis in South Asia to the law of the state with the attitude of German Jewish immigrants in mandatory Palestine and Israel to state law; second, by asking whether the Parsis' embracing of state law was linked to their economic success; and, finally, by pointing to the nature of law itself as a “minority discourse.”

1. Introducing constitutions and public law

2019 ◽  
pp. 3-24
Author(s):  
Anne Dennett
Keyword(s):  
Public Administration ◽  
Balance Of Power ◽  
Administrative Law ◽  
Public Law ◽  
The State ◽  
The Law ◽  
The Uk ◽  
And Control ◽  
The Relationship

This introductory chapter provides an overview of the idea and importance of constitutions. A constitution is essentially a rulebook for how a state is run, and its function is to impose order and stability; to allocate power, rights, and responsibility and control the power of the state. Indeed, a state's constitution sets out the structure and powers of government and the relationship between individuals and the state, and a balanced constitution ensures a balance of power between the institutions of government. New constitutions can arise either through a process of evolution or as an act of deliberate creation. The chapter then considers the UK constitution. Public law is a fundamentally important part of the UK's national law and is the law about government and public administration. It places limitations on the power of the state through objective, independent controls. It is also known as ‘constitutional and administrative law’.

10. Children needing services, care, and protection

2018 ◽  
Author(s):  
Stephen Gilmore ◽  
Lisa Glennon
Keyword(s):  
Family Life ◽  
Local Authority ◽  
The State ◽  
Care Plan ◽  
Significant Harm ◽  
The Law ◽  
The Relationship

This chapter examines the relationship between children, parents, and the state, looking at how the law responds to children needing services, care, and protection. Topics discussed include: Part III of the Children Act 1989; the threshold for compulsory intervention in family life based on the concept of ‘significant harm’; protecting children in an emergency; interim care and supervision orders; the local authority’s care plan and respective roles of the local authority and court; and discharge of care orders.

PUBLIC INTEREST AS A DETERMINANT OF TERRITORIAL AUTONOMY

2020 ◽  
Vol 3 (XX) ◽  
pp. 223-233
Author(s):  
Przemysław Niemczuk
Keyword(s):  
Public Interest ◽  
National Interest ◽  
The State ◽  
Social Conditions ◽  
The Public ◽  
Relative Term ◽  
The Law ◽  
Distribution Of Power ◽  
The Relationship

The article aims to explore the concept of territorial autonomy. The research assumption is that public interest is one of the fundamental determinants of territorial autonomy. Territorial autonomy has not been defined by law. It is a general and relative term, and thus difficult to define (if such an enterprise is possible at all). However, one thing is certain - the idea behind this term determines the law regulating the organizational and territorial form of the state, i.e. the distribution of power between the centre and the territory. Further attempts to specify territorial autonomy are met with serious difficulties. Therefore, it is crucial to look at it through the prism of public interest. The term public interest has a relative meaning, because it depends on the constantly changing social conditions. This variability is, among others, a result of the territorial context. The national interest and the territorial interest will be defined in different ways. It seems, therefore, that in order to explicate the notion territorial autonomy, one should refer to the concept of public interest and then take into account the relationship between the interest of a territory and the interest of the whole state. This will make it possible to outline territorial autonomy through the prism of its determinant – the public interest.

Between Tradition and Law: The Sociolegal Conditions of Bank Confidentiality in Monaco

2001 ◽  
Vol 10 (1) ◽  
pp. 61-82 ◽  
Author(s):  
Matthew Donaghy
Keyword(s):  
Comparative Study ◽  
Final Section ◽  
Legal Culture ◽  
The State ◽  
Financial Centre ◽  
Banking Market ◽  
The Social ◽  
The Law ◽  
Political Dimensions

This article adopts a sociolegal perspective in analysing the sociological conditions underpinning the emergence of a bank confidentiality law in the 'offshore' financial centre of Monaco. It utilizes three analytical distinctions in approaching the social, legal and political dimensions of the law and moves beyond superficial claims that Monaco's proposed law merely represents a codification of hitherto informal principles and practices. Issues surrounding the globalization of Monaco's banking market and its effects upon the legal culture of confidentiality are explored. However, changes in the legal culture of offshore financial centres should not be equated with an erosion of the state, which is shown to play a constitutive role in sociolegal transformations. In the final section of the article, the implications of the discussion for the sociolegal dimensions of offshore financial centres are drawn out, offering a blueprint for future comparative study on the legal cultures of globalized financial centres.

scholarly journals A Humanistic Phylosophical Analysis on Women Existence in the Fiqh of Syafii

ULUMUNA ◽  
2015 ◽  
Vol 19 (1) ◽  
pp. 33-58
Author(s):  
Iffatin Nur
Keyword(s):  
Social Relations ◽  
Religious Conversion ◽  
The State ◽  
Philosophical Analysis ◽  
Women Empowerment ◽  
State Law ◽  
Economic Issues ◽  
The Law ◽  
Marriage Laws ◽  
New View

In the fiqh of Shāfi‘ī, a humanistic philosophical analysis on women existence is given serious attention, particularly in his investigation on the matters of women. It is very vivid in his magnum opuses entitled al-Umm (The Mother), al-Risālah fi Us\ūl al-Fiqh and his periodicals qawl qadīm (old view) and qawl jadīd (new view). This article seeks to provide thorough analysis on the women empowerment through humanistic values from methodological and legal products aspects generated by Shāfi‘ī. In the aspect of methodology (us\ūl fiqh), the use of qiyās (analogy) is an indication of the humanistic value in the development of the mas\lah\ah\ (beneficial) principles. The legal products aspect can be explored through the following three classifications. Firstly, humanistic values of women in the law regarding the properties. Secondly, the humanistic values of women in the state law on economic issues related to religious conversion and social relations in political settings. Thirdly, the humanistic values of women in the marriage laws. DOI: http://dx.doi.org/10.20414/ujis.v19i1.1249

scholarly journals “It Is a Nomos Very Different from the Law”: on Anarchy and the Law

2021 ◽  
Vol 96 ◽  
pp. 125-139
Author(s):  
Christos Marneros
Keyword(s):  
Gilles Deleuze ◽  
The State ◽  
Philosophical Thought ◽  
Complex Mechanisms ◽  
The Law ◽  
State Of Affairs ◽  
The Relationship

The relationship between anarchy and the law is, to say the least, an uncomfortable one. The so-called ‘classical’ anarchist position – in all its heterogeneous tendencies – is, usually, characterised by a total opposition against the law. However and despite its invaluable contribution and the ever-pertinent critique of the state of affairs, this ‘classical’ anarchist position needs to be re-examined and rearticulated if it is to pose an effective nuisance to the current (and much complex) mechanisms of domination and the oppression of dogmatism and dominance of the law. Taking into account the aforementioned challenges, in this article, I examine and develop two notions of the philosophical thought of Gilles Deleuze, namely that of the institution and that of the nomos of the nomads. In doing so, I aim to think anew the relationship between anarchy and the law and, ultimately, to point towards an ethico-political account, of what I shall call an an-archic nomos which escapes (or, at least, tries to) the dogmatism and “archist” mentality of the law.

scholarly journals Juridical Analysis of Legal Aid Implementation for Underprivileged Communities: Problems and Challenges

2021 ◽  
Vol 3 (4) ◽  
pp. 481-498
Author(s):  
Alycia Sandra Dinar Andhini
Keyword(s):  
Empirical Research ◽  
Legal Culture ◽  
The State ◽  
Legal Issues ◽  
Access To Justice ◽  
Legal Assistance ◽  
Legal Aid ◽  
The Poor ◽  
The Law ◽  
Gain Access

Legal Aid is organized to help resolve legal issues faced by Legal Aid Recipients. The birth of Law No. 16 of 2011 concerning Legal Aid provides new hope for the poor to gain access to justice and equality before the law. This writing aims to determine the implementation of the provision of legal aid and the obstacles that influence it in its implementation because sometimes the implementation of Law Number 16 of 2011 concerning Legal Aid in Indonesian Courts is not optimal. This research focuses on the application of legal aid to the poor, the challenges and problems they face. The method used in this research is empirical research. This study found that in the application of legal aid in several regions in Indonesia, the main problem faced in addition to the lack of availability of accredited legal aid institutions, was also the issue of the budget provided by the state. In addition, in terms of the legal culture of the community, the implementation of legal aid is not optimal due to the understanding of the community not to have anything to do with the law so that many cases that should receive legal assistance cannot be accompanied.  

scholarly journals Islam-osmanli state law in Serbia

2006 ◽  
pp. 271-286
Author(s):  
Miroljub Jevtic
Keyword(s):  
Social Relations ◽  
The State ◽  
Legal Order ◽  
Point Of View ◽  
State Law ◽  
Normal Functioning ◽  
Basic Goal ◽  
The Law ◽  
The Moment ◽  
State Functions

Every state functions through its legal order and that legal order shows the nature of every state. From that point of view, the nature of the state and the authority which functioned in the regions of the Serbian lands from the moment of the Osmanli conquests till the end of that rule was best reflected through the law which regulated social relations. If one views the state which ruled in the regions of the Serbian lands in that way, one can clearly state that it, in its nature, had the basic goal to realize Islamic doctrine. All legal acts which the administration in Constantinople passed to ensure its normal functioning had the Islamic character. As most of these acts had been created long before the birth of the Osmanli state, they cannot be called Osmanli, because they were not such by their origin or their essence. It is specially important that their intention was not to maintain the Turkish national idea, as it could be concluded from a large number of historical syntheses which discuss that part of our history, but the triumph of Islam. Therefore, it is most correct to call that law Islamic-Osmanli law because its largest part had been created before the appearance of the Osmanli state and had as a goal the triumph of Islam; it is an Osmanli law because it was implemented in the territories ruled by the Osmanli dynasty.

The lives of subjects

2011 ◽  
Author(s):  
Annabel S. Brett
Keyword(s):  
Common Good ◽  
Body Politic ◽  
The State ◽  
The Body ◽  
Ontological Status ◽  
The Common ◽  
The Law ◽  
The Individual ◽  
Relationship Of ◽  
The Relationship

This chapter discusses the relationship of the state to its subjects as necessarily physically embodied beings. The primary way in which the commonwealth commands its subjects is through the medium of its law. The law is for the common good and obliges the community as a whole, and thus the ontological status of the law—as distinct from any particular command of a superior to an individual—is intimately tied to that of the body politic. The question, then, concerning the relationship of the state to the natural body of the individual can be framed in terms of the extent of the obligation of the civil law.

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