Legal management models

2019 ◽  
Author(s):  
Дмитрий Осинцев ◽  
Dmitriy Osintsev
Keyword(s):  
Social Life ◽  
Laws Of Nature ◽  
Social Activity ◽  
Law And Order ◽  
Management Procedure ◽  
Legal Thinking ◽  
The Law ◽  
State Of Affairs ◽  
The Right ◽  
The Mind

In this book there is not a single definition, as is typical for publications on traditional jurisprudence, here legal thinking is presented in its development, based not on abstract philosophizing and attempts to connect the legal life of society with the rigid framework of scientific laws. The preceding line of legal thinking is a ceaseless discussion of how to approach the understanding of law, otherwise the collision of methodologies, but not philosophizing, but discipline of the mind aimed at ensuring law and order is needed, therefore the way of working in the legal sphere is always dogmatic - exact and unquestioning execution of regulations supported by various security, guarantee, jurisdictional, deterrent and other means, while even changing the prescription itself is definitely subject to from dogma enshrined in procedural procedural rules. Mankind builds the law and official jurisprudence in order not to be distracted each time to clarify the content and meaning of these phenomena. The right acts as a guideline of life positions of interested parties to the relationship. The law does not change the state of affairs that naturally took shape, does not create new laws of nature, economics, social life, etc., but can give them an official style, and nothing more. The norms of law do not coexist along with other social norms, but give them socially significant official status, replace them, and also create innovations in the regulation of social activity. The right is a sign form of government invested with legal constructions, and the form is transformed. The right is accepted by society methods of invasion of the established socio-cultural situation and giving it a kind of conservative tradition after changing the natural course of affairs and replacing it with the normative management procedure.

scholarly journals The Importance and Necessity of Paying Attention to Law and Legalism in Social Areas from the Perspective of the Holy Quran

2016 ◽  
Vol 3 (1) ◽  
pp. 1
Author(s):  
Reza Alami ◽  
Farzad Emamian ◽  
Seyed Nima Karimi ◽  
Seyed Sadegh Mousavi Takami ◽  
Mahdi Rezaei
Keyword(s):  
Social Life ◽  
Natural Rights ◽  
Human Society ◽  
Human Beings ◽  
Law And Order ◽  
Holy Quran ◽  
The Holy Quran ◽  
The Law ◽  
Laws And Regulations

<p>Social life is an inevitable necessity for human beings and order, security and justice is required for social life. In this regard, everything that can be effective social life of for human beings should be seriously considered. Law is among these phenomena that people can benefit from social life in its light in addition to benefiting from their natural rights. Therefore, it can be said that the strength and cohesion of any society is paying attention to the law and obeying it. Obviously, this religion in order to convey its purpose should have a plan for them. Therefore, God, as the drafter of this religion sent the Quran to people which is full of solutions and values and a better life for them. In Islam and Quran, the condition of salvation and happiness of a society depends on adherence to God's laws and regulations in all facets and social arenas. The results of this study show that in the shadow of respecting law and order the possibility of planning, implementing and guiding in human society is done. A society can only be lawful by fulfilling God's commandments in Quran.</p>

scholarly journals Gender Inequality in Indonesia: Facts and Legal Analysis

2021 ◽  
Vol 7 (4) ◽  
pp. 445-458
Author(s):  
Novia Puspa Ayu Larasati
Keyword(s):  
Women Workers ◽  
Women's Rights ◽  
Social Life ◽  
Women’S Rights ◽  
Legal Analysis ◽  
The World ◽  
The Law ◽  
Shared Commitment ◽  
The Right ◽  
Male Workers

the present time, the law is still considered discriminatory and not gender-just. Whereas the law should not regard gender to guarantee the fulfillment of women's rights. Women's rights are still not protected. Equality and elimination of discrimination against women are often the center of attention and a shared commitment to implement them. However, in social life, the achievement of equality of women's dignity still has not shown significant progress. So, if there is discrimination against women, it is a violation of women's rights. Women's rights violations occur because of many things, including the result of the legal system, where women become victims of the system. Many women's rights to work still have a lot of conflict about the role of women in the public sector. Today, discrimination against women is still very visible in the world of work. There are so many women who do not get the right to work. This research found that the structure of the company, rarely do we see women who get a place as a leader, in addition to the acceptance of female workers companies put many terms, such as looking attractive, not married, must stay in dormitory and so forth. Their salaries are sometimes different from male workers. Like male workers, women workers also have equal opportunities in the world of work. While there are many legislations governing the rights of women workers, it seems that many companies deliberately do not socialize it and even ignore the legislation just like that.

The State of the Law on Euthanasia in Kenya

2020 ◽  
Vol 8 (1) ◽  
pp. 1-14
Author(s):  
Moni Wekesa ◽  
Martin Awori
Keyword(s):  
Empirical Studies ◽  
Case Law ◽  
The State ◽  
Right To Die ◽  
Criminal Offence ◽  
Dual Effect ◽  
Current State ◽  
The Law ◽  
State Of Affairs ◽  
The Right

The general position of the law on euthanasia worldwide is that all states recognise their duty to preserve life. Courts in various jurisdictions have refused to interpret the 'right to life' or the 'right to dignity' to also include the 'right to die'. Instead, they have held that the state has a duty to protect life. Three categories can however be noted. At one extreme are those countries that have totally criminalised any appearance of euthanasia. In the middle are countries that prohibit what appears to be active euthanasia while at the same time tolerating 'dual-effect' treatment and withdrawal of artificial feeding. At the other extreme are countries that allow euthanasia. Even in this last category of countries, there are stringent guidelines embedded in the law to prevent a situation of 'free for all'. Anecdotal evidence, some empirical studies and case law seem to suggest that euthanasia goes on in many countries irrespective of the law. Euthanasia is a criminal offence in Kenya. However, there have been no empirical studies to ascertain whether euthanasia goes on in spite of the law. This article surveys the current state of the practice of euthanasia globally and narrows down to elaborate on the state of affairs in Kenya.

Sovereignty, Mastery, and Law in the Danish West Indies, 1672–1733

Itinerario ◽  
2019 ◽  
Vol 43 (02) ◽  
pp. 283-304
Author(s):  
Gunvor Simonsen
Keyword(s):  
West Indies ◽  
Stable State ◽  
State Sovereignty ◽  
The Political ◽  
Crime And Punishment ◽  
Legal Thinking ◽  
The Law ◽  
Danish West Indies ◽  
State Of Affairs

AbstractIn the late seventeenth and early eighteenth centuries, officers of the Danish West India and Guinea Company struggled to balance the sovereignty of the company with the mastery of St. Thomas’ and St. John's slave owners. This struggle was central to the making of the laws that controlled enslaved Africans and their descendants. Slave laws described slave crime and punishment, yet they also contained descriptions of the political entities that had the power to represent and execute the law. Succeeding governors of St. Thomas and St. John set out to align claims about state sovereignty with masters’ prerogatives, and this balancing act shaped the substance of slave law in the Danish West Indies. Indeed, the slave laws pronounced by and the legal thinking engaged in by island governors suggest that sovereignty was never a stable state of affairs in the Danish West Indies. It was always open to renegotiation as governors, with varying degrees of loyalty to the company and at times with questionable capability, strove to determine what sovereignty ought to look like in a time of slavery.

scholarly journals To the question of intellectual-legal will as the legal phenomenon in the theory of the law

2019 ◽  
pp. 45-50
Author(s):  
Елена Пономаренко ◽  
Elena Ponomarenko
Keyword(s):  
Long Time ◽  
Legal Thinking ◽  
The Law ◽  
The Right ◽  
Modern Russian

The legal intelligence as ability of person to right Knowledge and legal thinking develops not only thoughts of the right (thought Forms, Fancies), but also induces, reproduces right cognitive interest and intellectual — legal will a long time remained outside studying Knowledge of the modern Russian theory of the right. They have been formulated and developed. However during the last period the addressing characterizing of rationality, reasonableness of the right as objective, abstract phenomenon, which confirms the need to study intellectual — legal will as element of structure of right Knowledge and legal phenomenon in the theory of right.

INDEPENDENCE OF PROFESSIONAL JUDGES AS A CONSTITUTIONAL BASIS FOR THEIR LEGAL STATUS

2021 ◽  
Author(s):  
Ruslan Skrynkovskyy ◽  
◽  
Mariana Khmyz ◽  
Vitaliy Hudyma ◽  
Valentyn Liubarskyi ◽  
...  
Keyword(s):  
Legal Status ◽  
Professional Status ◽  
Law And Order ◽  
Law Enforcement Agencies ◽  
Inaccurate Information ◽  
The Status ◽  
Legal Foundations ◽  
The Law ◽  
The Right ◽  
Judicial Protection

The article reveals the main aspects of the independence of professional judges as a constitutional basis of their legal status. It is established that the main aspects of the independence of judges as the constitutional basis of their legal status in Ukraine are regulated by the provisions of the Constitution of Ukraine, the Law of Ukraine «On the Judiciary and the Status of Judges», the Law of Ukraine «On the High Council of Justice», the Law of Ukraine «On Ensuring the Right to a Fair Court», the Law of Ukraine «On Restoring Confidence in the Judiciary in Ukraine», the Law of Ukraine «On Purification of Power». It is determined that the independence of the judiciary is guaranteed by the state and acts as a constitutional and legal basis for the functioning and activity of the judiciary. It was found that the independence of judges is a key element of the professional status of judges. It has been determined that a judge, in administering justice, must be independent of influence, pressure or interference from unlawful sources. It was noted that state authorities and local self-government bodies, as well as their officials and officials, individuals and legal entities, are obliged to respect the independence of judges, as well as not to encroach on it. It has been established that a judge in the context of administering justice is independent, therefore, taking measures to ensure the independence of judges is one of the main responsibilities of the High Council of Justice. It has been established that every year the number of violations by offenders on the independence of judges in the context of their administration of justice is increasing. It was determined that most often encroachment on the independence of judges in Ukraine occurs on the part of law enforcement agencies, people's deputies, deputies of local councils, other representatives of state authorities and local self-government bodies, lawyers, as well as in cases of violation of law and order in a court session, disruption of court hearings, blocking courts, making various threats to judges, committing physical pressure on judges or members of their families, damaging their property, as well as the property of courts, disseminating inaccurate information in relation to judges. It was found that the low level of guarantees for the independence of judges has an indirect effect on reducing the possibilities of exercising the right to exercise judicial protection. It is noted that the prospects for further research in this direction are the study of the legal foundations of the procedure for the selection and appointment of professional judges in the context of constitutional and legal requirements for candidates.

scholarly journals Artificial General Intelligence and Contract

2019 ◽  
Vol 24 (2) ◽  
pp. 330-347
Author(s):  
John Linarelli
Keyword(s):  
Cognitive Abilities ◽  
Cognitive Architecture ◽  
Contract Law ◽  
Human Interaction ◽  
General Intelligence ◽  
Artificial General Intelligence ◽  
Contract Formation ◽  
The Law ◽  
State Of Affairs ◽  
The Mind

Abstract The aim of this article is to inquire whether contract law can operate in a state of affairs in which artificial general intelligence (AGI) exists and has the cognitive abilities to interact with humans to exchange promises or otherwise engage in the sorts of exchanges typically governed by contract law. AGI is a long way off, but its emergence may be sudden and come in the lifetimes of some people who are alive today. How might contract law adapt to a situation in which at least one of the contract parties could, from the standpoint of a capacity to engage in promising and exchange, be an AGI? This is not a situation in which artificial intelligence (AI) operates as an agent of a human or a firm, a frequent occurrence right now. Rather, the question is whether an AGI could constitute a principal—a contract party on its own. Contract law is a good place to start a discussion about adapting the law for an AGI future because it already incorporates a version of what is known as weak AI in its objective standard for contract formation and interpretation. Contract law, in some limited sense, takes on issues of relevance from the philosophy of the mind. AGI holds the potential to transform a solution to an epistemological problem of how to prove a contract exists into solution to an ontological problem about the capacity to contract. An objection might be that contract law presupposes the existence of a person who the law recognizes as possessing the capacity to contract. Contract law itself may not be able to answer the prior question of legally recognized personhood. The answer will be to focus on how AGI cognitive architecture could be designed for compatibility for human interaction. This article focuses on that question as well.

Is the Law of Responsibility of States for Injuries to Aliens a Part of Universal International Law?

1961 ◽  
Vol 55 (4) ◽  
pp. 863-891 ◽  
Author(s):  
S. N. Guha Roy
Keyword(s):  
International Law ◽  
Social Life ◽  
Use Of Force ◽  
League Of Nations ◽  
Primitive Form ◽  
Parallel Lines ◽  
Municipal Law ◽  
The Law ◽  
The Right ◽  
Better Than

That a wrong done to an individual must be redressed by the offender himself or by someone else against whom the sanction of the community may be directed is one of those timeless axioms of justice without which social life is unthinkable. The most primitive form of redress which insisted on an eye for an eye and a tooth for a tooth was not really reparation at all, but retaliation pure and simple, treated as a substitute for reparation. Measures of individual retaliation are no longer permissible in municipal law and impartial tribunals are entrusted with the duty of determining the nature and the extent of the reparation for a given wrong according to the law of the land. International law has tried to follow parallel lines of development in this respect but has failed to keep pace with municipal law, largely because of its inherent difficulties. Reprisals, which are no better than individual retaliation, continued till even the other day to be acknowledged as a legitimate mode of reparation. The Covenant of the League of Nations, while imposing restrictions on resort to war, left uncertain the right of nations to make use of force short of war, suggesting thereby that the legality of reprisals might remain untouched. The Charter of the United Nations forbids the use of force except in certain contingencies and the implication of the relevant provision may well be that reprisals are still legal as long as they do not involve the use of force.

scholarly journals Women in the social life of a medieval town (based on the material of London in the 14th–15th centuries)

2021 ◽  
Vol 21 (3) ◽  
pp. 320-329
Author(s):  
Larisa N. Chernova ◽  
Keyword(s):  
Social Life ◽  
Social Activity ◽  
The Public ◽  
The Social ◽  
The Status ◽  
New Type ◽  
The Public Sphere ◽  
The Right ◽  
The City

The article examines the place and role of women in the social life of London in the 14th–15th centuries based on the material of the original sources. It is shown that, despite the restrictions fixed by custom and laws on the social activity of women, the range of occupations of the townsmen –wives and widows – was unusually wide. It is craft and trade, including the right to take apprentices, real estate transactions, and financial deals. Women did not just help men in the craft or trade shops, but also worked independently. The status of women, especially married women, who chose to participate in trade or in town production as their main occupation, was never fully developed. A significant degradation in the position of women in the public sphere in London occurred in the 16th century. The author concludes that, despite all the difficulties, a new type of woman was gradually developed in the city – energetic, enterprising, educated, who acts in society as an independent head of the family and business.

scholarly journals Quelques considérations sur le droit linguistique

2005 ◽  
Vol 27 (2) ◽  
pp. 463-476 ◽  
Author(s):  
Joseph-G. Turi
Keyword(s):  
Minor Importance ◽  
Language Usage ◽  
Capital Social ◽  
Cultural Impact ◽  
Minority Language Rights ◽  
Legal Thinking ◽  
The Subject ◽  
The Law ◽  
The Right ◽  
Social Importance

The law of languages truly is new ground for legal thinking and even may be considered futuristic in as much as it is law that recognizes differences among men. In this respect, the Loi sur la langue officielle and the Charte de la langue française of Québec confirm the right to specific linguistic expression in the form of acts that are territorially and materially exhaustive — these laws are outstanding examples for anyone who is interested in comparative law of languages. Nonetheless, the law of languages profoundly touches upon concepts that are of capital social importance : culture, minority language rights and fundamental freedoms. Furthermore, the very object of linguistic legislation which of course is language, is per se an object that hardly lands itself to appropriation either linguistically or legally — and as a basic means for expressing legal thought, language simultanously is the subject and object of law dealing with meta-legal and meta-linguistic concepts. Lastly, there exist in Québec important restrictions of both a structural and operative nature that relate to the interpretation and enforcement of Quebec law on language usage. This is why the legal impact of language laws, in general, and Quebec law, in particular, is of minor importance, whereas the cultural impact is of major concern.

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