VOYONS VOIR BECKETT RÉALISATEUR: qui voit quoi où? ou: n'y a-t-il vraiment que nuages passant dans le ciel à la télévision?

2008 ◽  
Vol 19 (1) ◽  
pp. 303-312
Author(s):  
Anne-Cécile Guilbard
Keyword(s):  
Reciprocal Relation ◽  
Poetic Image ◽  
The Law ◽  
Text Schema ◽  
Television Plays ◽  
The Ideal

……, one of the few television plays by Beckett that deviates from the law of the continuous shot, explicitly interrogates the conditions of the image's visibility. In this sense it exemplifies the contest between visual and literary image in Beckett's oeuvre. A close look at three of the work's constituents (its text, schema, and production) reveals a reciprocal relation between the vision of H and F, which recalls the problematic of and the pursuit of O by Œ. In the present instance, however, the poetic image appears the ideal and absent site of a possible union.

Pola Penyelesaian Sengketa Waralaba Produk Teh Poci Di Ponorogo

2021 ◽  
Vol 1 (1) ◽  
pp. 29-40
Author(s):  
Haris Djayadi
Keyword(s):  
Dispute Resolution ◽  
Code Of Conduct ◽  
Legal Research ◽  
Existing Problems ◽  
Minimum Standards ◽  
Complaint Handling ◽  
The Law ◽  
The Ideal

The purpose of this study is first to find out the pattern of dispute resolution in the franchise practice of Teh Poci, the second is to describe what the ideal pattern should be. In accordance with the characteristics of the existing problems, the most relevant form of approach to analyzing the above problems is empirical legal research. This research sees law as a reality in society, meaning how the law is practiced. The settlement of default on the agreement in the Tea Poci product franchise business in Ponorogo is the cancellation of the contract as a result of default and is settled on the principle of peace, namely by consulting and negotiation techniques. Ideally, under such a mechanism the franchisor should develop an internal procedure for handling complaints. However, this procedure is not stipulated in the franchise agreement and meets certain minimum standards. This standard should provide a procedure for resolving disputes. If a dispute arises, either party can initiate a complaint handling procedure under the Code of Conduct, or under a franchise agreement.Tujuan dari penelitian ini adalah pertama untuk mengetahui pola penyelesaian sengketa dalam praktek waralaba Teh Poci, kedua untuk mendeskripsikan pola yang ideal yang seharusnya. Sesuai dengan karakteristik permasalahan yang ada, bentuk pendekatan yang paling relevan untuk menganalisis permasalahan di atas adalah penelitian hukum empiris. Penelitian ini melihat hukum sebagai realitas dalam masyarakat, artinya bagaimana hukum itu dipraktikkan. Penyelesaian wanprestasi atas kesepakatan dalam usaha waralaba produk Teh Poci di Ponorogo adalah batalnya akad akibat wanprestasi dan diselesaikan dengan prinsip damai yaitu dengan teknik konsultasi dan negosiasi. Idealnya, di bawah mekanisme seperti itu pemilik waralaba harus mengembangkan prosedur internal untuk menangani keluhan. Namun, prosedur ini tidak diatur dalam perjanjian waralaba dan memenuhi standar minimum tertentu. Standar ini harus menyediakan prosedur untuk menyelesaikan perselisihan. Jika timbul perselisihan, salah satu pihak dapat memulai prosedur penanganan keluhan berdasarkan Kode Etik, atau berdasarkan perjanjian waralaba.

Equal Rights and Unequal People

2017 ◽  
Author(s):  
Richard D. Brown
Keyword(s):  
Public Opinion ◽  
Social Class ◽  
Equal Opportunity ◽  
Equal Treatment ◽  
Equal Rights ◽  
Criminal Trials ◽  
The Law ◽  
And Gender ◽  
The Ideal

Though Americans have favored the idea of equal rights and equal opportunity, they recognize that differences in wealth and social advantage, like differences in ability and appearance, influence the realization, or not, of equal rights, including equality before the law. In the generations after 1776 the rights of creditors, for example, often overrode the rights of debtors. And criminal trials demonstrate that in courtrooms equal treatment was most often achieved when defendant and victim came from the same social class. Otherwise if they came from different classes social realities, including ethnicity, color, and gender could shape court officials and public opinion. And when a woman’s sexual virtue was compromised, her credibility was almost always discounted. In principle officials paid homage to the ideal of equality before the law, but in practice unequal rights often prevailed.

scholarly journals Review of the Political Direction of National Legal Development Law

2021 ◽  
Vol 9 (2) ◽  
Author(s):  
Achmad Irwan Hamzani ◽  
Kanti Rahayu ◽  
Tani Haryadi ◽  
Nur Khasanah ◽  
Havis Aravik
Keyword(s):  
Legal System ◽  
Legal Consciousness ◽  
The Political ◽  
Philosophical Approach ◽  
Legal Development ◽  
National Legal System ◽  
The Law ◽  
The Impact ◽  
Law Making ◽  
The Ideal

The political direction of the law in Indonesia in the development of national law simplifies legislation. The scope of national legal development is not only through legislation. There is the functionalization of the law that lives in society. The purpose of the research describes the political urgency of law in the development of national law and reviews the political direction of national law development law. This research uses a philosophical approach, namely to examine the law from the ideal side in the form of an idea of the direction of national law politics in the future. The results of this study show that the politics of law is necessary to provide direction in the development of national law. Each country has a legal political direction whose role as the basic policy of state organizers to determine the direction, shape, and content of the law to be established. Legal politics as a strategy of the formation process, as well as the implementation of laws based on the national legal system to achieve the goals and ideals of the state. The political direction of the law in Indonesia in the development of national law simplifies legislation. The scope of the development of the national legal system can be through legislation and functionalization of the living law. The political direction of the law in Indonesia in the development of national law simplifies the process of legislation. The impact will only be a successful legal state in law-making, but weak in law in action. The implication of this study is to expand the political direction of national law which includes the functionalization of the living law. By functionalizing "the living law", the resulting law is rooted in the legal consciousness of society.

scholarly journals Pandangan Muhammad Asad tentang Shariah

2019 ◽  
Vol 7 (1) ◽  
pp. 13-30
Author(s):  
Ahmad nabil Amir
Keyword(s):  
Islamic Law ◽  
Modern Context ◽  
Magnum Opus ◽  
The Law ◽  
Contemporary Practice ◽  
Broad Understanding ◽  
The Ideal

Abstrak: This paper analyzed Muhammad Asad’s views on Shariah (Islamic law). This was investigated from his thoughtful and broad understanding of its principle and underlying purpose. The essential understanding of the principle of shariah was analytically discussed in his works such as This Law of Ours and Other Essays, The Principles of State and Government in Islam and in his magnum opus The Message of the Qur’an. The finding shows that Muhammad Asad’s discussion on shariah emphasized on its dynamic principle and relevance to contemporary practice and modern context of Islam. It set forth important framework towards reforming Islamic law by critically reconstructing and reprojecting its ideal in order to establish justice in implementing the law and in framing the ideal that underlie its purpose.

scholarly journals Breaking Up the Unity of the World: Peter Fitzpatrick’s Conception of Responsive Law

2020 ◽  
pp. 174387212097533
Author(s):  
Johan van der Walt
Keyword(s):  
Rule Of Law ◽  
The Other ◽  
Short Article ◽  
The Rule Of Law ◽  
Other Hand ◽  
The World ◽  
The Law ◽  
The One ◽  
The Ideal

This short article on Peter Fitzpatrick’s conception of “responsive law” analyzes the ambiguous temporality that Fitzpatrick discerned in modern law. On the one hand, law makes the claim of being fully present and therefore already and completely contained in itself. This aspect of law reflects the law’s claim to “immanence,” that is, its claim of always being able to rely strictly on its own operational terms without having to take recourse to any consideration not already contained within itself. It is this aspect of law that renders the ideal of the “rule of law” feasible. On the other hand, the law’s claim to doing justice to every unique and therefore every new case also demands that it takes leave of that which is already settled within it. This aspect of law can be called its “imminence.” The imminence of the law concerns the reality that law always finds itself on the threshold of that which has not yet been said and must still be said. The article shows how Fitzpatrick relied on Freud’s concept of the totem to explain the “wondrous” unity of its immanence and imminence.

Evidence

2017 ◽  
Author(s):  
Roderick Munday
Keyword(s):  
Burden Of Proof ◽  
Expert Evidence ◽  
The Core ◽  
The Subject ◽  
The Law ◽  
Book Covers ◽  
Law Of Evidence ◽  
The Ideal

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. Written by leading academics and renowned for their clarity, these concise texts explain the intellectual challenges of each area of the law. Evidence provides students with a succinct yet thought-provoking introduction to all of the key areas covered on undergraduate law of evidence courses. Vibrant and engaging, the book sets out to demystify a traditionally intimidating area of law. Probing analysis of the issues, both historical and current, ensures that the text contains a thorough exploration of the ‘core’ of the subject. The book covers: the relevance and admissibility of evidence; presumptions and the burden of proof; witnesses: competence, compellability and various privileges; the course of the trial; witnesses’ previous consistent statements and the remnants of the rule against narrative; character and credibility; evidence of the defendant’s bad character; the opinion rule and the presentation of expert evidence; the rule against hearsay; confessions; drawing adverse inferences from a defendant’s omissions, lies or false alibis; and identification evidence. A clearly structured introduction, this is the ideal text for any student who may find evidence a somewhat forbidding subject.

Contracting under Pressure: A Theory of Duress

1997 ◽  
Vol 56 (2) ◽  
pp. 343-373 ◽  
Author(s):  
Stephen A. Smith
Keyword(s):  
Contract Law ◽  
Sufficient Reason ◽  
Theory And Practice ◽  
Individual Freedom ◽  
Adequate Account ◽  
Undue Influence ◽  
Core Value ◽  
The Law ◽  
The Ideal

In certain circumstances the fact that an agreement is made under pressure is sufficient reason to invalidate what would otherwise be a good contract. The rules providing for invalidation in such cases are found in the textbooks under the headings of duress and, to a less extent, undue influence and unconscionability. That the existence of pressure sometimes is and should be sufficient to invalidate a contract is not controversial. Few would argue that a contract entered at gunpoint ought to be enforced and the law is clear that such agreements are not enforceable. What is less clear are the principle(s) that underlie such decisions and the proper scope or reach of those principles. These questions are important for both the theory and practice of contract law. Theoretically, because any adequate account of contract law—a doctrine that in the orthodox understanding holds out the ideal of freedom as a core value—must explain that part of the lawin which individual freedom is most directly at issue. Practically, because the recognition in English courts over the last twenty-five years that the defence of duress may be invoked in situations other than threats to a person or even threats to a person's goods (in short, the acceptance of “economic duress”), together with the recent near-elimination of the rule that a promise to perform an existing duty is not good consideration, has meant that courts are regularly required to consider how far the scope of duress should extend.

scholarly journals XXIV.—On the Law of Visible Position in Single and Binocular Vision, and on the representation of Solid Figures by the union of dissimilar Plane Pictures on the Retina

1844 ◽  
Vol 15 (3) ◽  
pp. 349-368 ◽  
Author(s):  
David Brewster
Keyword(s):  
Binocular Vision ◽  
Optical Instrument ◽  
Limited Class ◽  
The Subject ◽  
The Law ◽  
The Ideal

In the course of an examination of Bishop Berkeley's “New Theory of Vision,” the foundation of the Ideal Philosophy, I have found it necessary to repeat many old experiments, and to make many new ones, in reference to the functions of the eye as an optical instrument. I had imagined that many points in the physiology of vision were irrevocably fixed, and placed beyond the reach of controversy; but though this supposition may still be true in the estimation of that very limited class of philosophers who have really studied the subject, yet it is mortifying to find that the laws of vision, as established by experiment and observation, are as little understood as they were in the days of Locke and Berkeley. Metaphysicians and physiologists have combined their efforts in substituting unfounded speculation for physical truth; and even substantial discoveries have been prematurely placed in opposition to opinions of which they are the necessary result.

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