'Flemish law' in Central Germany

2010 ◽  
Vol 78 (1-2) ◽  
pp. 37-61
Author(s):  
Heiner Lück
Keyword(s):  
Legal Status ◽  
General Context ◽  
Equal Division ◽  
Place Names ◽  
13Th Century ◽  
Low Countries ◽  
Central Germany ◽  
The Law ◽  
Characteristic Features

AbstractIn the general context of 12th- and 13th-century migrations in Europe, several communities from the Low Countries settled in central Germany, in territories now divided between the Länder Saxony, Saxony-Anhalt and Thuringia. Many of these settlements were concentrated in the region between Berlin and Wittenberg, still known today as the Fläming (from Flamen, German for Flemings, but also a generic name for populations from the Low Countries); the settlements also include areas around Burg and Magdeburg, a few localities around Leipzig and Naumburg, and the Goldene Aue, near the Kyffhäuser Hills. The law in those Flemish-Dutch settlements can to some extent be traced back through local customs and place-names, as well as through references in charters granting a distinctive legal status to the colonists. Characteristic features of the legal migration are the equal division of property after death and the terms Schulze and Schultheiß, which may in some cases go back to Netherlandish origins and influences.

scholarly journals State Service in the Law Enforcement Sphere and Its Major Features

2020 ◽  
Vol 14 (4) ◽  
pp. 576-580
Author(s):  
Roman V. Nagornykh
Keyword(s):  
Law Enforcement ◽  
Legal Status ◽  
Legal Regulation ◽  
Regulation Mechanism ◽  
State Service ◽  
Legal Enforcement ◽  
Functional Features ◽  
The Law ◽  
Characteristic Features ◽  
Enforcement Activity

The article investigates the main features of state service in the law enforcement sphere and the place of state service in administrative and legal regulation mechanism. The goals of the work are as follows: to consider state service in the law enforcement sphere as a single legal category, to reveal its essence and characteristic features as a social system, to provide a scientific classification of its constituent elements and disclose their administrative and legal content. We highlight the following main functional features of those state bodies the service in which can be called law enforcement activity: state and power-based nature of activity, exercising executive and administrative powers, special functional and target purpose, application of special measures of legal influence based on the use of persuasion and coercion methods, and a special legal status. We conclude that practical solution to the question of classifying state service in a particular state body as law enforcement activity may be found through legislative definition of the concept of law enforcement activity of the state, law enforcement functions of state authorities, and the system of state authorities exercising law enforcement functions. Key words: state service, administrative and legal regulation, law enforcement activity, law enforcement functions, legal enforcement.

scholarly journals State Service in the Law Enforcement Sphere and Its Major Features

2020 ◽  
Vol 14 (4) ◽  
pp. 507-513
Author(s):  
R.V. Nagornykh ◽  
Keyword(s):  
Law Enforcement ◽  
Legal Status ◽  
Legal Regulation ◽  
Regulation Mechanism ◽  
State Service ◽  
Functional Features ◽  
The Law ◽  
Characteristic Features ◽  
The Concept Of Law ◽  
Enforcement Activity

The article investigates the main features of state service in the law enforcement sphere and the place of state service in administrative and legal regulation mechanism. The goals of the work are as follows: to consider state service in the law enforcement sphere as a single legal category, to reveal its essence and characteristic features as a social system, to provide a scientific classification of its constituent elements and disclose their administrative and legal content. We highlight the following main functional features of those state bodies the service in which can be calledlaw enforcement activity:state and power-based nature of activity, exercising executive and administrative powers, special functional and target purpose, application of special measures of legal influence based on the use of persuasion and coercion methods, and a special legal status. We conclude that practical solution to the question of classifying state service in a particular state body as law enforcement activity may be found through legislative definition of the concept of law enforcement activity of the state, law enforcement functions of state authorities, and the system of state authorities exercising law enforcement functions.

Case Analysis: The Gabčíkovo-Nagymaros Case: The Law of Treaties

1998 ◽  
Vol 11 (2) ◽  
pp. 321-344 ◽  
Author(s):  
Malgosia Fitzmaurice
Keyword(s):  
International Law ◽  
Legal Status ◽  
Case Analysis ◽  
Vienna Convention ◽  
Fundamental Change ◽  
Unilateral Termination ◽  
The Subject ◽  
The Law ◽  
International Law Commission ◽  
Law Commission

The subject-matter of this article are the issues of treaty law as expounded in the Judgment in the Gabčíkovo-Nagymaros case. The following problems are discussed: unilateral suspension and abandonment of obligations deriving from the binding treaty; the principle of fundamental change of circumstances; unilateral termination of a treaty; applicability of the 1969 Vienna Convention on the Law of Treaties in this case; legal status of so-called ‘provisional solution’; impossibility of performance and material breach of treaty; the application of the principle of ‘approximate application’; and the principle pacta sunt servanda. The issues arc discussed at the background of the Drafts of the International Law Commission.

Psychosoziale Prozessbegleitung im Strafverfahren

2021 ◽  
Author(s):  
Alexander Ilsner
Keyword(s):  
Legal Status ◽  
Legal Framework ◽  
Civil Procedure ◽  
Legal Institution ◽  
Criminal Proceedings ◽  
Legal Innovation ◽  
The Law

The legal status of victims of violent criminality has been in the spotlight during recent decades. The institutionalization of psychosocial assistance in criminal proceedings represents the temporary peak of this development. In this study, the author focuses on the legal innovation, analyzes it fundamentally (especially regarding the recently formulated § 406g StPO), and submits specific reform proposals correspondingly. This research includes four systematically structured chapters, which impart the essential features of the legal institution, elucidate the legal framework, and finally appoint considerations regarding its transfer into the law of civil procedure.

Comparative analysis of normative legal acts on the execution of criminal penalties in the initial stage of the formation of the Russian state for the implementation of equality principle before the law

2021 ◽  
pp. 752-765
Author(s):  
Nikolai S. Kovalev
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Equal Rights ◽  
Scientific Methods ◽  
Soviet State ◽  
Labor Legislation ◽  
Initial Stage ◽  
Russian State ◽  
General Scientific ◽  
The Law

The object of the study is the implementation of equality principle before the law by fixing equal rights and obligations of prisoners in the normative legal acts of the Soviet state. The subject of research: provisions of normative legal acts of the Provisional Government, departmental normative acts of the People’s Commissariat of Justice of the RSFSR and People’s Commissariat for Internal Affairs of the RSFSR. As a methodological basis for cognition, general scientific methods of analysis, synthesis, induction, de-duction are used, which allow us to investigate aspects of legal reality directly related to the implementation of the principles of penal enforcement (correctional labor) legislation, to formulate reasonable conclusions. Private scientific methods: formal-legal and comparative-legal – allow us to identify differences in the legal regulation of the legal status of prisoners in the pre-war period. As a result of the conducted research, we make a reasonable conclusion that the principle of equality before the law, although it was not enshrined in specific norms regulating the procedure for the execution and serving of imprisonment, however, was manifested in the provisions regulating the legal status of persons deprived of liberty. The notions of equality before the law of both citizens in general and prisoners in particular were not the fundamental basis of the legislation of the Soviet State. Prisoners were differentiated on the basis of social affiliation, due to: 1) the principle of class approach proclaimed by the Constitution of the RSFSR; 2) the functioning of two systems of places of deprivation of liberty for prisoners with different social status; 3) regulating the execution (serving) of sentences in the form of deprivation of liberty by various regulatory legal acts.

THE IMPORTANCE OF THE LAW "ON OPERATIONAL INSPECTION ACTIVITIES" IN THE IMPLEMENTATION OF PREVENTION OF OFFENSES

2021 ◽  
Vol 6 (6) ◽  
pp. 71-78
Author(s):  
Farxod Djurayev ◽  
Keyword(s):  
Legal Status ◽  
Legal Protection ◽  
Law Enforcement Officers ◽  
Joint Work ◽  
Basic Principles ◽  
The Law ◽  
Causes Of Crime ◽  
Prevention Of Crime

The article is devoted to the prevention of crime, maintenance of public order and early crime prevention, identification and elimination of the causes of crime in each district, family and individual, classification of each district depending on the crime situation in these regions and joint work to attract all forces and means to identify and eliminate the causes of crime, the role of the law "On operational-search activities" in the prevention of offenses, the concept of operational-search activities, the main tasks, basic principles; bodies carrying out operational-search activities, their legal status; types of operational-search measures and their comments regarding the procedure for conducting a search; social and legal protection of law enforcement officers and persons assisting in the conduct of such events, as well as their family members

Abstract of a Paper on the Physiological Law of Mortality, and on certain Deviations from it observed about the Commencement of Adult Life

1856 ◽  
Vol 6 (2) ◽  
pp. 67-72
Author(s):  
A. Buchanan
Keyword(s):  
Adult Life ◽  
The Law ◽  
Characteristic Features

I. The object of the first part of this memoir was to determine the normal course of mortality as affected by age alone, without reference to other circumstances.What we name the law of mortality is not a simple law, but a compendious expression, by which we denote the operation of various laws, physiological, physical, and moral. Of these, the physiological laws are so uniform in their operation that they impress certain characteristic features upon the law of mortality, according to age, which are observed amidst all the diversities which it exhibits under varying circumstances, physical and moral.

Children Under the Law

1973 ◽  
Vol 43 (4) ◽  
pp. 487-514 ◽  
Author(s):  
Hillary Rodham
Keyword(s):  
Interest Group ◽  
Family Life ◽  
Legal Status ◽  
Best Interests ◽  
Law Reform ◽  
Court Decisions ◽  
Social Consensus ◽  
Parens Patriae ◽  
The Law ◽  
Procedural Rights

The author examines the changing status of children under the law. Traditionally,the law has reflected a social consensus that children's best interests are synonymous with those of their parents, except under the few circumstances where the state is authorized to intervene in family life under the. doctrine of parens patriae. Little consideration has been given to the substantive and procedural rights of children as a discrete interest group. At present, law reform is moving to change children's legal status in two ways: by extending more adult rights to children and by recognizing certain unique needs and interests of children as legally enforceable rights. Ms. Rodham summarizes recent Supreme Court decisions which will influence changes of both kinds, and suggests specific directions reform might take.

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