A Study of Social Welfare and Law: The Recovery of Overpayments

1993 ◽  
Vol 3 (1) ◽  
pp. 109-118
Author(s):  
Mel Cousins
Keyword(s):  
Social Welfare ◽  
Point Of View ◽  
Legal Obligation ◽  
Legal Rules ◽  
Welfare Benefits ◽  
The Law

This article argues that for many years the official practice in relation to the recovery of overpaid social welfare benefits did not coincide with the legal rules in this area, i.e. overpayments were assessed against claimants and repayment of money was sought where there was no legal obligation on the claimant to repay the benefit. The implications of this practice in two areas are discussed: first, why such a divergence between the legal rules and the official practice can arise in the area of social welfare administration, and secondly, the meaning of ‘the law’ from a sociological point of view in the light of this case study.

9 SUMMARY This chapter has been concerned with introducing, in some depth, common law/ case law, the second major source of English legal rules discussed in this book. The role of the judiciary in the development of English law has become apparent as the chapter has progressed. This chapter has also indicated the central importance of a careful dissection of the law reports to ensure that the correct aspects of the case are correctly summarised for a case note and further use. Taken together with Chapter 3, the foundations of an indispensable ‘how to’ approach have been laid. It is now appropriate in the next chapter to place this foundation in its European context looking at the law relating to European human rights and fundamental freedoms and the law relating to the European Community. In Chapter 9, three sources of English law (legislation, case law and European Community law) are further developed by being brought together in a case study. 4.10 FURTHER READING As already mentioned in Chapter 3, if you are a law student the ground covered by this chapter will also be covered in English legal system courses and constitutional or public law courses. Coverage of reading cases can be found in the following excellent texts relating to both the theoretical and practical aspects of legal method. • Sychin, C, Legal Method, 1999, London: Sweet & Maxwell, Chapters 7 and 8. • Twining, W and Miers, D, How To Do Things With Rules, 4th edn, 1999, London: Butterworths, Chapters 7 and 8.

2012 ◽  
pp. 126-126
Keyword(s):  
European Community ◽  
Case Law ◽  
Legal Rules ◽  
Legal Method ◽  
English Law ◽  
The Law ◽  
Law Student ◽  
Law Reports

scholarly journals Modus Operandi Tindak Pidana Phising Menurut UU ITE

2021 ◽  
Vol 4 (6) ◽  
pp. 2525
Author(s):  
Vikran Fasyadhiyaksa Putra Y
Keyword(s):  
Secondary Data ◽  
Point Of View ◽  
Legal Issues ◽  
Legal Research ◽  
Conceptual Approach ◽  
Modus Operandi ◽  
Legal Principles ◽  
Legal Rules ◽  
The Law

AbstractPhishing is an act to commit fraud by tricking the target with the intention of stealing the target's account, by spreading broadcasts which are often carried out through fake emails with fake information that directs the target to a fake page to trap the target so that the perpetrator gets access to the victim's account. Phishing still has some obscurity, especially in the modus operandi of the perpetrator. Therefore, this research aims to analyze and explain the modus operandi of the criminal act of phishing according to the ITE Law. This research is a normative legal research. Because the writing of this research in seeking the truth in order to answer legal issues raised by the author uses secondary data to find legal rules, legal principles, and legal doctrines, and tends to image law as a perspective discipline, which means that only see the law from the point of view of the norms only, which of course is prescriptive. This approach uses a statute approach, a conceptual approach and a case approach.Keywords: Phishing Crime; Cyber; Operandi Mode.AbstrakPhising adalah suatu perbuatan untuk melakukan penipuan dengan mengelabui target dengan maksud untuk mencuri akun target, dengan cara menyebarkan broadcast yang seringkali dilakukan melalui email palsu dengan muatan informasi palsu yang mengarahkan target ke halaman palsu untuk menjebak target sehingga pelaku mendapatkan akses terhadap akun korban, Secara ringkas Perbuatan phising masih memiliki beberapa kekaburan terutama pada modus operandi pelaku. Oleh karena itulah penelitian ini bertujuan untuk menganalisis dan menjelaskan terkait modus operandi Tindak pidana Phising menurut UU ITE. Penelitian ini merupakan penelitian hukum normatif. Karena penelitian ini dalam mencari kebenaran guna menjawab isu hukum yang diangkat penulis menggunakan data sekunder untuk menemukan suatu aturan-aturan hukum, prinsip-prinsip hukum, maupun doktrin-doktrin hukum, dan cenderung mencitrakan hukum sebagai disiplin prespektif, yang berarti hanya melihat hukum dari sudut pandang norma-normanya saja, yang tentunya bersifat preskriptif. Pendekatan ini menggunakan pendekatan undang-undang (statute approach), pendekatan konseptual (conceptual approach) dan pendekatan kasus (case approach). Kata Kunci: Tindak Pidana Phising; Siber; Modus Operandi.

scholarly journals Islamic Law from the Internal Point of View

2021 ◽  
Vol 2 (1) ◽  
Author(s):  
Haider A. Hamoudi
Keyword(s):  
Islamic Law ◽  
Legal Rule ◽  
Point Of View ◽  
Internal Point ◽  
Legal Rules ◽  
Internal View ◽  
Historical Method ◽  
Making Sense ◽  
Points Of View ◽  
The Law

Haider Hamoudi notes the different perspectives lawyers and historians employ in making sense of the law. Invoking H.L.A. Hart’s famous distinction between “internal” and “external” points of view with respect to law and legal rules, Hamoudi describes lawyers as primarily adopting the former, and historians, the latter point of view. This is not to suggest that lawyers do not take history into consideration, but rather to mean that when they do, their focus is results oriented in that they use history to understand the ultimate endpoint, the contemporaneous meaning of a legal rule or institution. Hamoudi observes two consequences emanating from lawyers’ adoption of the internal view that puts lawyers somewhat at odds with the demands of historical method and meaning. While deliberately omitting discussion on the normative desirability of either method, Hamoudi concludes by observing value in merely pointing out the differences between the internal and external viewpoints of law and history, respectively, to help expose “our own biases and assumptions.”

scholarly journals Legal Obligation and its Limits

2018 ◽  
Author(s):  
Emad H. Atiq
Keyword(s):  
Conventional Wisdom ◽  
Legal Philosophy ◽  
Legal Obligation ◽  
General Application ◽  
Legal Rules ◽  
Legal Obligations ◽  
Ex Ante ◽  
The Law ◽  
Hard Cases

Judges decide cases by appeal to rules of general application they deem to be law. If a candidate rule resolves the case and is, ex ante and independently of the judge’s judgment, the law, then the judge has a legal obligation to declare it as such and follow it. That, at any rate, is conventional wisdom. Yet the principle is false—a rule’s being law or the judge’s believing it to be law is neither necessary nor even sufficient for a judge being legally obliged to follow it. The principle’s falsity is especially apparent in so-called hard cases, where the line between legal and non-legal rules is obscure. Moreover, judges have authority to disregard law in hard cases not because moral (or non-legal) obligations trump legal obligations. Rather, the law itself circumscribes its own authority. The implications for legal philosophy are significant; for one, a theory of juridical norms can be developed independently of the precise boundaries of legality.

LEGAL OBLIGATION AND REASONS

Legal Theory ◽  
2013 ◽  
Vol 19 (1) ◽  
pp. 63-88 ◽  
Author(s):  
Christopher Essert
Keyword(s):  
Distinctive Feature ◽  
Special Kind ◽  
Legal Obligation ◽  
Reasons For Action ◽  
Legal Rules ◽  
Joseph Raz ◽  
The Law ◽  
Do So

According to the legal rationalist, the law claims to give its subjects reasons for action. The leading legal rationalist, Joseph Raz, says, “the law claims that the existence of legal rules is a reason for conforming behaviour.” Putting the same point more casually, he writes: The law sets things straight: telling people “this is what you should do and whether you agree that this is so or not, now that it is the law that you should you have the law as a new, special kind of reason to do so.” Jules Coleman, who also at times plays the part of the legal rationalist, agrees: The prevalent view among legal positivists today is that law purports to govern conduct as a practical authority. The distinctive feature of law's governance on this view is that it purports to govern by creating reasons for action. Or more succinctly, “Law claims to create reasons for acting.”

scholarly journals Some peculiarities of the Law of Inheritance: The Formation of Imāmī and Ismāʿīlī Law

1970 ◽  
Vol 3 ◽  
pp. 127-137
Author(s):  
Agostino Cilardo
Keyword(s):  
Point Of View ◽  
Law Schools ◽  
Inheritance Law ◽  
Law System ◽  
Legal Rules ◽  
The Law

The question of the caliphate or imamate and similarly that of the mutʿa marriage (Imāmīs) are generally seen as the deepest differences distinguishing Shīʿī law systems from those of the remaining law schools. Inheritance law, however, reveals an additional range of Shīʿī idiosyncrasies: the division of heirs by kin into classes, certain privileges of the eldest son, and certain disadvantages of wives with respect to some goods in their husband's estates. From a historical point of view, the analysis of these cases leads to some innovative conclusions about the origin and development of Imāmi and Ismaʿīlī doctrine, the influence of political elements on the law system, the question of the authenticity of the Zaydī Majmūʿ al-fiqh, and the dominance of practical considerations over strict legal rules.

scholarly journals Latest Developments in Officers’ Duties of SMEs

2011 ◽  
Vol 6 (3) ◽  
Author(s):  
Michael Adams
Keyword(s):  
Common Law ◽  
Regulatory Reform ◽  
Case Law ◽  
Point Of View ◽  
Legal Obligation ◽  
Insurance Cover ◽  
Commercial World ◽  
Red Tape ◽  
The Common ◽  
The Law

This paper examines the balance between officers' and directors' duties in the context of modern regulatory reform. The onus that falls on all directors, from a legal point of view, is applied irrespective of the size and complexity of the corporation. Thus, a small (micro-business) with a single director has the same legal obligation under the common law, the equitable fiduciary duties and the statutory obligations under the Corporations Act as Australia's largest entity, BHP Billiton. The current Federal Government is attempting to reduce the burden of red tape on business to help the economy. The regulators, in particular ASIC, are pursuing cases to enforce the law and increase compliance. There has been recent case law which helps explain the key statutory provisions and the underlying complexity of the law. The major defence and protection for officers' duties, is the so called “business judgement rule,” but it does not seem to be very effective and good quality insurance cover is probably much more useful in the commercial world.

Implementation of CSR Legislation in India through the Lens of Its Beneficiaries: A Case Study of Malwa Region, Punjab, India

2020 ◽  
Author(s):  
Nishant Kumar ◽  
Deepak Kumar Chauhan
Keyword(s):  
Social Welfare ◽  
Health Effects ◽  
The State ◽  
Geographical Region ◽  
Policy Recommendations ◽  
Entire Country ◽  
The Law ◽  
The Government ◽  
Depth Interviews

Abstract This study examines how the Indian CSR law has been implemented and enforced by companies and industries situated in the Malwa region of Punjab state in India. Malwa region, one of the most industrialized clusters of the state, is also simultaneously one of its most polluted areas. Given the severe health effects that these polluting industries cause, implementing the law on CSR in its true spirit is of grave importance. This study uses in-depth interviews of the intended project beneficiaries to determine the state of implementation of the Indian CSR regulatory framework for the selected geographical region. Using the above methodology, this article suggests that businesses should strive at mitigation of the risks of their production and manufacturing activities to the community and the environment. Rather, CSR is viewed by companies as donating part of the companies’ profits to CSR activities, and undertaking social-welfare activities to meet statutory obligations. Hence, this article further determines that there is a need to implement the CSR law in its true spirit by developing an understanding among the companies on the concept and importance of CSR, which goes beyond profit donations. This article concludes with several policy recommendations that can be utilized by the government to strengthen the state of implementation of the law in not only the Malwa region, but also the entire country.

Development of International Legal Rules for the Repression of the Unlawful Seizure of Aircraft

1969 ◽  
Vol 7 ◽  
pp. 269-297
Author(s):  
Gerald F. FitzGerald
Keyword(s):  
Point Of View ◽  
Legal Rules ◽  
Existing Problems ◽  
The Law

The dramatic increase in the number of incidents of unlawful seizure of aircraft during 1968 and the first few months of 1969 has posed one of the most difficult problems ever faced by the international aviation community. The purpose of this note is to examine the existing state of the law governing the unlawful seizure of aircraft, discuss the efforts of air lawyers to attack the problem from the legal point of view, examine proposed legal solutions put forward in ICAO in the last half of 1968 and early 1969, and indicate the extent to which acceptable legal solutions may be found. As will be seen, although the Convention on Offences and Certain Other Acts Committed on Board Aircraft contains a number of provisions on the unlawful seizure of aircraft, it by no means provides solutions for all existing problems.

scholarly journals Non-legal rules: problems of their determination and enforcement (theoretical aspect)

2018 ◽  
Vol 2 (4) ◽  
pp. 16-24
Author(s):  
S. Biryukov ◽  
T. Biryukova
Keyword(s):  
Current System ◽  
Point Of View ◽  
Social Regulation ◽  
Sociological Research ◽  
External Observer ◽  
Legal Rules ◽  
Social Law ◽  
Legal Method ◽  
The Law ◽  
Legal Force

The subject of the paper is the approaches to the concept of “non-legal rules”.The main aim of the paper is to confirm or disprove the hypothesis that rules become non-legal when they contradict the principles of law and are totally ineffective.The description of methodology. The authors apply methodology of different legal theories: natural law, libertarian-legal, sociological, communicative, normative and integrative approaches to law, using formal logical and sociological research methods (observation method).The formal-legal method is also used with regard to characteristics of particular Russian laws.The main results and scope of their application. Legal rule may be unlawful for an external observer – in coordinates of another legal system or in comparison with law in a social sense. From the point of view of the internal observer, including the law enforcer, the following rules are non-legal: 1) regulations that were adopted, but initially or later it was officially recognized that they contradict the principles of law and the rules of higher legal force; 2) rules that could not be applied principally or that were not implemented until their cancellation.Many rules widely assessed as unfair, immoral, not consistent with the principles of law could be a part of the current system of law for a long time and could not be officially qualified as defective. Most of the very ineffective rules are still implemented selectively, some of them become quite effective in the future. Rules that are obviously not in conformity with acts of higher legal force may not be recognized as illegal officially because of various reasons. All of the non-legal rules, however, are very problematic for the law enforcement officials in several respects:– they may come into conflict with other regulatory systems of social regulation, including other social law of large (significant) groups and organizations, such situation entails difficulties in their legitimation and implementation;– they may come into conflict with other acts (rules, legal principles) within this or a related system of legal law;– they can be canceled (invalidated) in future, inter alia from the moment of their adoption.Conclusions. Rules are also potentially illegal, when they: 1) clearly contradict the principles of law and the rules of higher legal force; 2) are extremely ineffective. Such acts of lawmaking are very problematic from the point of view of their legitimation and implementation. Such acts are relatively common in Russian reality. The orientation of the practice to check their legal nature within the framework of the norm control is important for movement towards effective, fair and non-contradictory law, and not in the opposite direction.

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