scholarly journals The Lockean Law of Restitution

2020 ◽  
pp. 048661342093819
Author(s):  
David Jarrett
Keyword(s):  
Lockean Thesis ◽  
The World ◽  
History Of ◽  
The Law

This article argues—in contrast to the claims of right-libertarians—that the Lockean thesis of justice in property seems to entail much egalitarian property redistribution. It starts by outlining what the Lockean thesis of justice in property is. It then argues that a Lockean version of the law of restitution is a reasonable way to approach the problem of holdings which were not gained in line with Lockean justice. Furthermore, according to this law, property which has unknown rightful owners should ideally be redistributed in an egalitarian manner among everybody in the world. In addition, due to the history of Lockean injustice throughout the world (e.g., feudalism and colonialism), it appears that much property in the world should be redistributed in an egalitarian manner.

Influences of New England Law on the Middle Colonies

1983 ◽  
Vol 1 (2) ◽  
pp. 238-250 ◽  
Author(s):  
George L. Haskins
Keyword(s):  
New England ◽  
The United States ◽  
Law School ◽  
University Of Pennsylvania ◽  
Mother Country ◽  
The World ◽  
Middle Colonies ◽  
History Of ◽  
The Law ◽  
The University

On October 3, 1881, William Henry Rawle, the distinguished Philadelphia lawyer and scholar, addressed students at the University of Pennsylvania Law School hoping to illustrate, ‘in a very general and elementary way,’ the differences between the growth of English and early Pennsylvania jurisprudence. ‘It would have been more interesting and more broadly useful,’ Rawle apologized to his audience, ‘if the attempt could have been extended to embrace the other colonies which afterwards became the United States, for there would have been not only the contrast between the mother country and her colonies, but the contrast between the colonies themselves.’ Rawle was confident that such an examination would have revealed how ‘in some cases, one colony followed or imitated another in its alteration of the law which each had brought over, and how, in others, the law was changed in one colony to suit its needs, all unconscious of similar changes in another.’ ‘Unhappily,’ Rawle explained, ‘this must be the History of the Future for the materials have as yet been sparingly given to the world.’

Albericus Gentilis

1911 ◽  
Vol 5 (3) ◽  
pp. 665-679 ◽  
Author(s):  
Thomas Willing Balch
Keyword(s):  
International Law ◽  
State Law ◽  
Imperial Rome ◽  
Law Of Nations ◽  
The World ◽  
Pax Romana ◽  
History Of ◽  
The Mediterranean ◽  
The Law ◽  
Inter State

Modern international law is generally regarded as beginning with the Peace of Westphalia in 1648. But it is necessary to go much further back in the history of the world for the beginnings of the law governing the intercourse of nations. The Greek states had a rudimentary inter-state law that regulated their relations. Thus they practiced arbitration in a way among themselves: they recognized the sanctity of the person of heralds, and they followed other recognized customs in their dealings one with another. When Rome and Carthage and other nations were struggling for the mastery of the world, the beginnings of a law of nations were recognized and practiced between them. Upon, however, practically all the known world coming under the sway of imperial Rome, all possibility as well as need of a law of nations was wanting, and as a result the faltering beginnings of an international law as recognized among the Greek states and then by the Powers surrounding the Mediterranean, were extinguished by the extension of the Pax Romana to all the known world.

The Authority of Vattel

1913 ◽  
Vol 7 (3) ◽  
pp. 395-410 ◽  
Author(s):  
Charles G. Fenwick
Keyword(s):  
International Relations ◽  
International Law ◽  
The Political ◽  
Law Of Nations ◽  
The World ◽  
History Of ◽  
The Law ◽  
History Of International Law ◽  
Political Philosopher

There is no more significant commentary on the growth of international law, both in precision and in comprehensiveness, than an estimate of the relative authority of the name of Vattel in the world of international relations a century ago and in that of today. A century ago not even the name of Grotius himself was more potent in its influence upon questions relating to international law than that of Vattel. Vattel's treatise on the law of nations was quoted by judicial tribunals, in speeches before legislative assemblies, and in the decrees and correspondence of executive officials. It was the manual of the student, the reference work of the statesman, and the text from which the political philosopher drew inspiration. Publicists considered it sufficient to cite the authority of Vattel to justify and give conclusiveness and force to statements as to the proper conduct of a state in its international relations.At the present day the name and treatise of Vattel have both passed into the remoter field of the history of international law. It is safe to say that in no modern controversy over the existence and force of an alleged rule of international law would publicists seek to strengthen the position taken by them by quoting the authority of Vattel. As an exposition of the law of nations at a given period of its growth, the work can, it is true, lose nothing of its value, but in saying that it has thus won its place irrevocably among the classics of international law, we are merely repeating that it has lost its value as a treatise on the law of the present day.

scholarly journals KISAH DAUD A.S DALAM PERSPEKTIF AL-QUR’AN

2018 ◽  
Vol 15 (2) ◽  
pp. 191
Author(s):  
Muhammad Thaib Muhammad
Keyword(s):  
The Bible ◽  
The World ◽  
History Of ◽  
The Law ◽  
The Temple ◽  
Holy Book

The story of David a.s. in the history of the religious world is a very important one, because all the religions of the world recognize that David a.s is descended from Ya'qub a.s descendant of his son Yahuza. Allah Almighty has made him a prophet and a king. The Bible scholars have mentioned it in the Bible and in the Bible. God has revealed the book of Psalms as a guide in carrying out his preaching. Allah believes in the Qur'an: "" وآﺗﻴﻨﺎ داود زﺑﻮرا (we have descended to David the book of Psalms). ) for 356 years During that time the Children of Israel became a weak and weak people, even though they lived in wickedness and wickedness and abandoned the law of Allah Sw. As a goat had no shepherd, God sent down a prophet called Shamwil. with great enthusiasm they were able to defeat their enemies A young boy named David immediately took up his challenge. But Jalut thought the challenge was incomparable. Then David and the men of Israel were able to kill him and his men. Once David's name became known among the Children of Israel, they finally adopted him as king. When David was 40 years old God raised him up as a prophet and referred to Psalm as his holy book. David.s has a beautiful and beautiful voice. While reading the book of Zabur in a melodious voice, so that the bird in flight immediately stopped to remember Allah Swt. The Messenger of Allah (may peace be upon him) praised the beauty of David's voice. After carrying out his pamphlet among the Children of Israel, he died at the age of 70. In the history of the Islamic scholar David at the age of 100, and was buried in the Temple of Palestine.

scholarly journals The cooperative movement in rural areas should be a priority in reforming of agriculture (opportunities, realities and economic efficiency of its approval)

2018 ◽  
Vol 20 (86) ◽  
pp. 28-33
Author(s):  
V. O. Gorbanyuk
Keyword(s):  
Rural Areas ◽  
Land Reform ◽  
Developed Countries ◽  
Agricultural Cooperatives ◽  
Industrial Complex ◽  
Agricultural Cooperative ◽  
Cooperative Movement ◽  
The World ◽  
History Of ◽  
The Law

The history of rural cooperatives in Ukraine is quite deep. It includes both national characteristics and certain global trends. Today in Ukraine the cooperative movement in the agro-industrial complex is primarily connected with the implementation of a comprehensive, agrarian, incl. land reform. The legal and normative mechanisms of socio-economic relations in the village are regulated by the Tax Code of Ukraine, the Civil Code of Ukraine, the Commercial Code of Ukraine, the Land Code of Ukraine, the Law of Ukraine «On Farmers», the Law of Ukraine «On Personal Peasant Economy», the Law of Ukraine «On State Support to Agriculture», the Law of Ukraine «On State Registration of Legal Entities, Individuals-Enterprises and Public Formations», the Law of Ukraine «On Agricultural Advisory Activities», the Law of Ukraine «On Cooperation», the Law of Ukraine «On Agricultural Cooperation». These legislative acts determine that an agricultural cooperative is an important form of management, an integral part of a multi-faceted economy in the agro-industrial complex of Ukraine. However, it should be noted that at present the potential of agricultural cooperation in Ukraine remains poorly implemented, in particular, the establishment of multi-functional cooperatives, which in turn can form higher-level associations by sector or territory, act as founders of different types of enterprises, have their own competitive representations in the regions of Ukraine and abroad. Today should be answered rather effective is the prospect of introducing an integrated multi-profit agricultural service cooperatives built on profitable pricing under conditions of self-sufficient local communities combined with the experience and practices of the developed countries of Europe and the world. Does farmers need a real serving non-profit agricultural cooperative. The answer to this should be given by the conducted research, and the analysis of the existing experience. The history of Ukraine, including Galicia, had a positive experience in the functioning of rural cooperation. And in the world the particular importance are agricultural cooperatives which unite the efforts of rural producers in solving not only economic and social problems in the rural areas.

Introduction to Disruptive Behavior Disorders

2017 ◽  
Author(s):  
Steiner Hans ◽  
Daniels Whitney ◽  
Kelly Michael ◽  
Stadler Christina
Keyword(s):  
Aggressive Behavior ◽  
Disruptive Behavior ◽  
School System ◽  
Behavior Disorders ◽  
Disruptive Behavior Disorders ◽  
Abnormal Development ◽  
Reform School ◽  
The World ◽  
History Of ◽  
The Law

This chapter introduces the history of disruptive behavior disorders. The achievements of the Chicago Reformers, who introduced the idea that juveniles should be granted exceptions before the law based on their immaturity, began the process of bringing the world of development, psychiatry, and medicine to delinquents. August Aichhorn, the director of the Vienna Reform School system, is primarily responsible for the idea that abnormal development underlies crime, and, as such, psychoeducational approaches can be helpful in restoring the youth. The concepts of treatment and rehabilitation factor in to this view. The chapter ends by introducing the complexities of diagnosing antisocial and aggressive behavior.

Democratic Realities and Democratic Dogma

1930 ◽  
Vol 24 (2) ◽  
pp. 283-309 ◽  
Author(s):  
John Dickinson
Keyword(s):  
Political Scientist ◽  
National State ◽  
Political Ideas ◽  
Political Events ◽  
The World ◽  
Colonial Empire ◽  
History Of ◽  
The Law ◽  
World Organization ◽  
Modern Machine

Not long ago, a distinguished political scientist called attention to “the law of the pendulum” in politics. No sooner, he argued, does a broad political tendency establish itself than tendencies of opposite direction set in and gather force until the original tendency is reversed. As applied to relatively short periods of time and to movements which reflect temporary trends, a plausible case can be made out for the law of the pendulum. It seems doubtful, however, whether it can be proved with like plausibility for tendencies which are truly secular. Take as an example the steady trend toward enlarging the size of the independent political unit, or state. Since the feudal age, the tendency has run in the same direction, sometimes more slowly and sometimes more rapidly, but with seldom a check, and never a retreat, from the feudal state to the national state, from the national state to the colonial empire, and in recent years from the colonial empire toward some larger goal of world organization. Barring accidental destruction of modern machine civilization, a recurrence to a world of petty states seems unthinkable.Whether or not the law of the pendulum applies in the world of political events, there can be no doubt of its sway over political thought. No sooner does a doctrine embody itself in an institution than it exposes its nakedness in a pillory and challenges competing dogmas to do their worst. In consequence, the history of political ideas has been a story of oscillations, of attack and repulse and counter-attack.

scholarly journals PRINSIP KEMASHALAHATAN UMAT DAN PENGHARGAAN TERHADAP HUKUM DALAM BINGKAI KESADARAN MULTIKULTUR KEHIDUPAN BERAGAMA DI INDONESIA

2016 ◽  
Vol 1 (1) ◽  
pp. 1-18
Author(s):  
Iskandar Iskandar
Keyword(s):  
The Other ◽  
Other Hand ◽  
The World ◽  
History Of ◽  
National Life ◽  
The Law ◽  
Progressive Religion

Indonesia is a country inhabited by various tribes, races and religions. A long history of Indonesian nation with various ethnics make kind of multicultural religious which is brought lives phenomenon. Islam as the majority religion in Indonesia provides significant meaning in appreciating benefit and respecting the diversity religious of people in Indonesia. The concept of rahmatan lil Alamin is seeded according to the context in Indonesia. Thus, an inclusive understanding by collocated Islam as a progressive religion nowadays becomes a necessity to solve problems and the importance of a complex human beneficial. On the other hand, the necessity of multicultural awarenness of religious in Indonesia made this country as barometer of other country in appreciating a fair law to all the citizens, but when the diversity of this nation does not respect other religions, it will bother the religious‟ stability and national life in the country. Islam has given point of views in national life and taught how to respect other people who has different belief. So, people who has different belief should do the same to appreciate Islam. The history of the world has taught us about the importance of appreciate people and respect the law for the nation, then the nation will be a peaceful and prosperous country.

The Philological Thesis

boundary 2 ◽  
2021 ◽  
Vol 48 (1) ◽  
pp. 65-107
Author(s):  
Jeffrey Sacks
Keyword(s):  
Tenth Century ◽  
Arabic Language ◽  
Paul Celan ◽  
Social Form ◽  
Form Of Life ◽  
The World ◽  
History Of ◽  
The Subject ◽  
The Law ◽  
Aristotle's Metaphysics

This essay addresses the principal form and practice for linguistic domination, philology, to draw out a sense in which philology discombobulates the stabilizing terms it privileges and sends out at the world. This essay traces several moments in a history of the disorganization of linguistic and social form—in the poetic writing of Paul Celan and the Arabic-language translations of Celan offered by the Iraqi poet Khālid al-Ma‘ālī; in Walter Benjamin’s essayistic writing on language and the law; in the tenth-century Arabic-language philosopher Abū Naṣr al-Fārābī; and in Aristotle’s Metaphysics—to suggest the ways in which philology becomes a practice for linguistic indistinction and indefinition. Because language, as philology, ceases to be subordinated to its ends (history, sense, the subject), it becomes a discordant social form; because it disorders the terms privileged in the modern institutions for reading, it speaks to us of a form of life that is obscured in the privileging of the ends to which language is, repeatedly, constrained to be understood.

scholarly journals سبق الإسلام تأريخيًا وتفوقه في إرساء حقوق الإنسان (دراسة مقارنة بين التشريع الإسلامي والنظم الوضعية)

2017 ◽  
Vol 19 (1) ◽  
pp. 115
Author(s):  
Yousif Abdallah Mustafa Abdalrazeq
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Analytic Approach ◽  
Obvious Advantage ◽  
Positive Law ◽  
The World ◽  
History Of ◽  
The Law ◽  
Islamic Civilization

<p>هذه دراسة تدور محاورها حول التشريع الإسلامي والنظم الوضعية. هدفت الدراسة إلى إبراز دور الإسلام التأريخي في إرساء حقوق الإنسان، انتهجت الدراسة المنهج الاستقرائي التحليلي، وتناولت الدراسة الموضوع بالبحث والتحليل معتمدةً في ذلك على التشريع الإسلامي وما جاءت به الحضارة الإسلامية التي سادت العالم، ذلك بأن التشريع الإسلامي إلهي المصدر وصالح لكل زمان ومكان، على عكس النظم الوضعية التي تتحدث عن قضية الساعة، وقد استشهدت الدراسة بمجموعة من أقوال رجال النظم الوضعية مقارنة في موضوع البحث التي ظهر من خلالها تفوق التشريع الإسلامي بصورة واضحة نالت إعجاب واعتراف كثير من العلماء والمفكرين في العالم.</p><p>This study covers Islamic law and positive law, which aims to show the role of Islam in the history of establishing human rights. It employs inductive analytic approach. Hence, it mainly refers to the law of Islam (Islamic tasyri') and what is brought by Islamic civilization leading the world. It is due to the fact that Islamic tasyri’ comes from Allah and is worth of all time and place. On the contrary, the positive law made by man deals with the problems related to time and conditions. This study is supported by legal experts to compare both laws. The finding shows the obvious advantage of Islamic tasyri' rather than other regulation or positive law. Its overwhelming advantage is also confirmed by world legal experts</p>

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