Consent to sexual interactions

2019 ◽  
Vol 19 (2) ◽  
pp. 107-127 ◽  
Author(s):  
Japa Pallikkathayil
Keyword(s):  
Nonverbal Behavior ◽  
Alternative Policy ◽  
Turn On ◽  
The Us ◽  
The Law ◽  
The Right ◽  
The University ◽  
University Setting ◽  
Affirmative Consent ◽  
The Way

The way in which consent to sexual interactions is understood in the US is undergoing a transformation. Many universities, sometimes at the behest of lawmakers, are moving to adopt ‘affirmative consent’ policies, which define consent in terms of affirmative behavior that goes beyond mere silence or lack of resistance. Although these policies are a move in the right direction, I argue that their content has not been properly understood. In particular, the circumstances in which nonverbal behavior may communicate consent are more limited than might be apparent. And even though these circumstances can be abstractly identified, it is difficult to give people adequate guidance about when some of them obtain. Moreover, I argue that no matter how the allowance for nonverbal behavior is construed, affirmative consent policies unnecessarily prohibit interactions that people may have reason to engage in. I propose an alternative policy that remedies these problems with the affirmative consent policies that are currently being implemented. And I note that the justification for this alternative policy does not turn on any special features of the university setting. Instead, the account I give suggests grounds for reforming the law as well.

A Science Like Any Other? Classical Legal Formalism in theHalakhicJurisprudence of Rabbis Isaac Jacob Reines and Moses Avigdor Amiel

2013 ◽  
Vol 28 (1) ◽  
pp. 179-224 ◽  
Author(s):  
Yosef Lindell
Keyword(s):  
Nineteenth Century ◽  
Twentieth Century ◽  
Late Nineteenth Century ◽  
Jewish Law ◽  
Legal Formalism ◽  
The Law ◽  
Internal Coherence ◽  
The Right ◽  
The University ◽  
The Way

Nineteenth century jurists sought to make law a science like any other. They believed that the law was not an unprincipled mass of archaic and contradictory rules, nor an extinct body of Latin words that should be venerated in a church reliquary and seldom studied. Rather, they said that it was time for law to take its place in the university and to be dissected under the microscope of scientific analysis. It was by these methods that law's fundamental axioms would be uncovered—which would in turn explain the relationship of all its parts to the whole. And with the right set of principles, new data could be effortlessly incorporated into an ever-growing scientific taxonomy of the law.This mode of thinking dominated both European and American legal jurisprudence in the mid- to late-nineteenth century and the early twentieth century, although it went by different names. One fundamental thread ran throughout—the law was not unprincipled, but logical. It could be reasonably explained and rationally ordered. This paper demonstrates that Rabbis Isaac Jacob Reines and Moses Avigdor Amiel, two important Jewish thinkers living at the turn of the twentieth century, saw Jewish law, orhalakha, in the same light. Although Reines and Amiel may not have been directly influenced by secular jurisprudence, many of the elements of this classical legal science provide an interesting parallel to the answers these two thinkers gave to some of the oldest problems of Jewish law. Most notably, the way in which Reines and Amiel explained the connection between the Torah's oral and written components, as well as the way in which they asserted the internal coherence ofhalakhicjurisprudence, was similar to the legal formalism of their contemporaries.

scholarly journals The Certainty And Legal Protection To The Buyer's Auction Of The Mortgage Right Object On Online Auctions At The Service Of Wealth State Office And Auction (KPKNL)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 481
Author(s):  
Arif Budi Pamungkas ◽  
Djauhari Djauhari
Keyword(s):  
Research Method ◽  
Online Auctions ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
The Public ◽  
State Office ◽  
The Law ◽  
The Right ◽  
The Way

An auction is an activity of selling of goods in public by means of a verbal-bid to get the higher price or to get lower prices and the price quote can be done in a closed and written. This is done by the way of collecting the prospective buyers of the auction led by officials of the auction. In this case, the intended auction was the sale of goods that are held publicly. The auction, according to the regulations of security right, is when the debtor made a breach, the holder of the security rights have the right to sell the security rights’ objects over its own power through a public auction as well as taking payment of account receivable from the sale proceeds. An auction is an alternative to the sale of an undertaken asset by way of inviting prospective buyers at a particular time and place in which the last highest bidder in writing or orally is determined as the winner. The author used socio-legal research as his research method. To meet the forth standards set by the law, the auction should be widely announced to the public, either through printed file, electronic or visual. A legal certainty as a basis which concerned with propriety and justice is very closely related to the principle of auction sales in another. As the formulation of the problem of the form of identification of the problem, namely how the legal protection of the auction buyers encountered the obstacles as well as the solution.Keywords: Auction; Legal Protection; Mortgage Right

Seeking Reconciliation

2020 ◽  
pp. 88-124
Author(s):  
Arzoo Osanloo
Keyword(s):  
Criminal Law ◽  
Cycle Of Violence ◽  
Considerable Influence ◽  
The Family ◽  
The Law ◽  
The Right ◽  
Legitimate Violence ◽  
Sense Of Power ◽  
The Way

This chapter studies the operations of the Iranian criminal law and analyzes how the procedural administration of the law animates the shariʻa. Iranian criminal laws provide many avenues for victims to forgo retributive sanctioning. But preserving the right of retribution serves several purposes: maintaining the sovereign's monopoly on legitimate violence, giving victims a sense of power, and halting the cycle of violence. The way Iran achieves this comprises an interesting balancing act between maintaining the monopoly over legitimate violence and granting individual victims the right of retribution, which its leaders believe, through their interpretation of the shariʻa, cannot be appropriated by the sovereign. Since the law categorizes intentional murder as qisas and leaves judges with no discretion in sentencing, the judges may use their considerable influence to pressure the family to forgo retribution. The chapter then considers the role of judges and examines how the laws (substantive and procedural) shape their reasoning and discretion in both sentencing and encouraging forbearance.

The Epistemology of Consent

2021 ◽  
pp. 348-386
Author(s):  
Alexander A. Guerrero
Keyword(s):  
Epistemic Justification ◽  
Moral Norms ◽  
The Right ◽  
Affirmative Consent ◽  
The Way

Philosophers spend a lot of time discussing what consent is. In this chapter, Alexander Guerrero suggests that there are also hard and important epistemological questions about consent and that debates about consent often mistake epistemological issues for metaphysical ones. People who defend so-called “affirmative consent” views sometimes are accused of, or even take themselves to be, offering a new, controversial view about the nature of consent. Guerrero argues that this is a mistake. The right way of understanding “affirmative consent” is as a view about what is required, epistemically, before one can justifiably believe that another person has consented. This view will be justified, if it is, because of background views about epistemic justification and the way epistemic justification interacts with moral norms governing action. Guerrero concludes by discussing the implications of this view for the morality and law regarding consent.

scholarly journals Where is the Law in ‘Unlawful Combatant’?: Resisting the Refrain of the Right-eous

2013 ◽  
Vol 11 (2) ◽  
pp. 147-159
Author(s):  
Melissa Gregg ◽  
Glen Fuller
Keyword(s):  
Popular Culture ◽  
Popular Music ◽  
Leading Edge ◽  
Space Time ◽  
Holy War ◽  
War Machine ◽  
The Us ◽  
Saddam Hussein ◽  
The Law ◽  
The Right

The rhythms of war and popular culture intermingle, amplify each other and become expressive. At the leading edge of the US military’s war machine assemblage, as the nation of Iraq is deterritorialised from the despotic signifier ‘Saddam Hussein’, the soldiers’ music consolidates a milieu of the battlefield. It also consolidates a space-time of the here-now with something less horrific. The popular music refrain produces a home away from home. In their patriotism, many of these singer–soldiers see a religious act. When someone is saying ‘God is on our side’ they are no longer talking about the nation-based context for which, whatever the rules of war might be, such rules are relevant. They’re talking about a Holy War. It has different rules. How to hold them to any actual account is the difficulty we seek to explore here.

scholarly journals PENYULUHAN KEPEMIMPINAN DAN BANTUAN HUKUM BAGI MASYARAKAT MARGINAL DI DESA ANTARA

2018 ◽  
Vol 1 (2) ◽  
pp. 9-14
Author(s):  
Rina Hayati ◽  
Khairun Nisa ◽  
Syahriani Sirait
Keyword(s):  
Legal Issues ◽  
Positive Contribution ◽  
Legal Aid ◽  
Application Form ◽  
Knowledge Community ◽  
The Public ◽  
Future Expectation ◽  
The Law ◽  
The Right ◽  
The University

Abstrak: Bentuk aplikasi dari serangkaian teori pendidikan yang telah dipelajari di dalam kampus tentunya akan lebih bermanfaat apabila teori-teori ilmu tersebut kita bagi kepada masyarakat. Kegiatan inilah yang disebut dengan pengabdian kita kepada masyarakat. Sebagai seorang akademisi baik dosen dan mahasiswa harus mampu bekerjasama dalam meujudkan Tri Darma perguruan tinggi dimana tempat kita membagi dan menimba ilmu pengetahuan. Pengabdian kepada masyarakat adalah tindakan nyata yang dapat kita lakukan untuk menambah wawasan masyarakat terhadap informasi yang akan kita bagikan, sehingga membawa kontribusi positif dalam masyarakat. Apalagi sekarang lagi hangat-hangatnya memperbincangkan tentang pemilihan kepala daerah, oleh karena itu penyuluhan tentang kepemimpinan dianggap perlu untuk di sosialisasikan kepada masyarakat. Harapan kedepannya adalah masyarakat mampu memilih pemimpin yang dapat menjadi contoh baik dalam setiap tindakan dan perkataannnya. Masyarakat diharapkan lebih hati-hati dalam memilih calon kepala daerah, tidak mudah terpengaruh citra dan kekuasaan yang dapat mendatangkan kerudian dalam masyarakat itu nantinya. Selain itu masyarakat tidak perlu takut terhadap tekanan yang mungkin saja datang untuk memaksa memilih jagoan mereka, masyarakat harus mendapatkan pencerahan tentang bagaimana hukum itu berlaku di kalangan masyarakat. Untuk itu selain membahas masalah kepemimpinan Universitas asahan juga bekerjasama dengan Yayasan Lembaga Bantuan Hukum – Cakrawana Nusantara Indonesia untuk memberi pemahaman kepada masyarakat tentang hukum, apa yang harus dilakukan masyarakat apabila tersangkut permasalahan hukum di lingkungannya, mengetahui hak dan kewajibannya dalam mentaati hukum tersebut. Harapan terbesarnya masyarakat di desa antara tidak tabu lagi terhadap permasalahan hukum, masyarakat desa antara berani untuk menghadapai permasalahan hukum yang mereka hadapi, masyarakat desa antara mampu memilih pemimpin yang tepat untuk memimpin daerah mereka.Kata kunci: Kepemimpinan, Bantuan Hukum, Masyarakat Marginal Abstract: The application form of a series of educational theories that have been studied on campus will certainly be more useful if the theories of science are shared for the community. This activity is called our devotion to the community. As an academic both lecturers and students should be able to work together in realizing Tri Darma college where we share and gain knowledge. Community service is a real action that we can do to increase society's insight into the information we will share, thus bringing a positive contribution to society. Especially now more warmly discussed about the election of regional heads, therefore counseling about leadership is considered necessary for the socialization to the community. The future expectation is that people are able to choose leaders who can be good examples in every action and perfomance. The community is expected to be more careful in choosing candidates for regional heads, not easily influenced by the image and power that can bring in the society later. In addition people should not be afraid of the pressures that might come to force their heroes, the public should get an enlightenment about how the law applies to the public. In addition to discussing the issue of leadership, the University of Asahan also cooperates with the Legal Aid Foundation - Cakrawana Nusantara Indonesia to provide an understanding to the public about the law, what should the community do when it comes to legal issues in its environment, knowing its rights and obligations in complying with the law. The greatest hope of the community in the village between no longer taboo on legal issues, the villagers between daring to face the legal problems they face, the villagers between able to choose the right leader to lead their area.Keywords: Leadership, Legal Aid, Marginal Society

Introduction

2017 ◽  
Author(s):  
Jack R. Baker ◽  
Jeffrey Bilbro ◽  
Wendell Berry
Keyword(s):  
Educational System ◽  
Upward Mobility ◽  
Healthy Communities ◽  
The Right ◽  
The Cost ◽  
The University ◽  
Title Character ◽  
The Way

An education for health begins by forming the imaginations and affections of students so that rather than desiring upward mobility, they can imagine healthy, placed lives. The introduction starts with a reading of Hannah Coulter, whose title character describes her fear that she has failed to tell the right stories to her children, thus inadvertently contributing to their desire for upward mobility at the cost of healthy communities. Because our affections have such far-reaching influence—shaping the questions we ask and the ways we arrange knowledge—Berry focuses on the conflicting internal desires termed “boomer” and “sticker” and how we should work to rightly order these desires. The contrast between boomers and stickers—the different desires they have, the different stories they tell, the different questions they ask, the different economies they participate in, and the contrasting models of the university they propose—elucidates the contrast between the educational system we have now and an education for health: the boomer wants to isolate knowledge from its origins in order to maximize its utility and profitability, whereas the sticker values a medieval, rooted kind of learning whose branches connect as much as possible. Thus, the way we organize and order knowledge stems from the kinds of questions we ask, which in turn arise from the orientation of our desires.

Inventorship, Ownership, and Compensation

2016 ◽  
Author(s):  
Philip W. Grubb ◽  
Peter R. Thomsen ◽  
Tom Hoxie ◽  
Gordon Wright
Keyword(s):  
Common Law ◽  
European Patent Office ◽  
European Patent ◽  
Patent Office ◽  
The Us ◽  
The Law ◽  
The Uk ◽  
The Right ◽  
Academic Inventions

This chapter considers the law governing inventorship, ownership, and compensation. It first discusses inventorship in the UK, the US, and the European Patent Office. It then looks at the issue of ownership of the rights in an invention, covering common law provisions, contracts of employment, statute law in the UK, statute law in Germany, and academic inventions. This is followed by a discussion of compensation for employee-inventors in the UK, Germany, and other countries. The remainder of the chapter explains the right to apply for a patent and to be granted a patent, co-ownership of patents, disputes over the correct ownership of an invention, and the recordal and transfer of ownership.

Redemption of Security Interests under Israel Law

1975 ◽  
Vol 10 (1) ◽  
pp. 81-101 ◽  
Author(s):  
Joshua Weisman
Keyword(s):  
Supreme Court ◽  
The Body ◽  
Supreme Court Justice ◽  
Secured Transactions ◽  
English Law ◽  
The Law ◽  
The Right ◽  
The Way

The English “Equity of Redemption” was applied by the courts in Israel long before the enactment of the Security Interests Law, 1967. The courts did not hesitate to transplant this doctrine of English law into the body of Ottoman law which was then applicable in Israel in the field of secured transactions. Yet, the extent to which this symbiosis succeeded had still to be examined, and many questions relating to the right of redemption were still unanswered when the decision was taken to prepare the new Security Interests Law. In the new Law the right of redemption was expressly recognized. The influence of English law on this subject was so marked that on one occasion a Supreme Court Justice characterized the right of redemption provided by sec. 13(a) of the Law, as “actually only legislating the equity of redemption of English law”. It is the purpose of this article to examine the way in which Israel law formulated its “equity of redemption”, to analyze it, to point out its main features and expose its shortcomings.

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