Schlesinger and "The State Rights Fetish": A Note

1978 ◽  
Vol 24 (4) ◽  
pp. 351-359
Author(s):  
Lewis O. Saum
Keyword(s):  
The State ◽  
State Rights

scholarly journals ЛОГІКА ВИКЛАДАННЯ ІСТОРІЇ ДЕРЖАВА І ПРАВА УКРАЇНИ ВІДПОВІДНО ДО КОНСТИТУЦІЇ УКРАЇНИ

2018 ◽  
pp. 86-97
Author(s):  
Григорій Юрійович Каніщев
Keyword(s):  
The State ◽  
Public Authority ◽  
Academic Disciplines ◽  
Current Status ◽  
Political Struggle ◽  
Public Authorities ◽  
Developed Country ◽  
History Of ◽  
State Rights

History of State and law of Ukraine can be considered as one of the leading academic disciplines to modern lawyers because its purpose is to familiarize professionals with the historical experience of the development of statehood and the territory of modern Ukraine that directly or indirectly impact on the current status and the quality of the public authority in our country, on the relationship between the State and citizens, on the situation in Ukraine in the international arena, its image in the world, etc. Great value for the teaching and study of history of State and Law of Ukraine have changes that have been happening lately in higher legal education in our country. Besides necessary legal skills and knowledge, present-day and future lawyers have to understand the nature of law and the philosophy of human rights, the role of the bureaucracy in the functioning of the State organized by the society, the mechanism of distribution of public authorities, as well as to understand the ways of development of the State and its transition from a developing country to a developed country. The role of history of State and Law of Ukraine here is mapping the processes of historical evolution of relationships between the human and the State on the modern Ukrainian territory. This includes compliance with State rights, in particular political struggle of people for their rights in both peaceful and violent way (through an armed revolt against the authorities) etc. In this connection, educational courses and researches on the history of State and Law should pay much attention to the evolution of public authority as a result of the struggle of people for their rights.

scholarly journals THE FORMATION OF A SYSTEM OF ALTERNATIVE DISPUTE RESOLUTION MECHANISMS IN SERBIA

2016 ◽  
pp. 0-0
Author(s):  
Валерий Шрам ◽  
Valeriy Shram
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
Third Parties ◽  
The State ◽  
Settlement Agreement ◽  
Minor Children ◽  
Rights And Interests ◽  
Settlement Of Disputes ◽  
State Rights

The article is devoted to the analysis of the formation of a system of alternative dispute resolution mechanisms in Serbia as one of the instruments stimulating the development of entrepreneurship and combating corruption. The author considers such nonjudicial legitimate methods of dispute resolution as negotiations of the parties, mediation, arbitration (binding arbitration) and the court of honor at the Economic chamber of Serbia, as well as other conciliation procedures. One of the main characteristic by which non-judicial methods of dispute resolution can be classified is the participation in them of third parties. The Serbian law relates to them participation of mediators in the reconciliation procedures, ombudsmen, state rights activists (authorized to protect the rights and interests of the state), judges, lawyers. Special attention is paid to mediation as a set of voluntary modes of settlement of the conflicting parties with the participation of third parties. The mediation is conducted on the good will of the conflicting parties by the mediator who seeks to resolve disputes through a settlement agreement. Under the law mediation can be realized by mediators, ombudsmen, state rights activists (authorized to protect the rights and interests of the state) who are trained by judges and lawyers. The article discusses the mechanism of pre-trial dispute settlement between the conflicting parties. Special attention is paid to the analysis of pre-trial settlement of disputes between parents of minor children decided to divorce. In Serbia an important role in the formation of alternative dispute resolution mechanisms of economic entities plays a chamber of Commerce of Serbia under which exists the court of honor and court of arbitration. Their competence includes the resolution of disputes through mediation.

scholarly journals SANKSI HUKUM BAGI FASILITATOR TINDAK PIDANA ASUSILA DALAM PERSFEKTIF FIQH JINAYAH

Asy-Syari ah ◽  
2019 ◽  
Vol 19 (2) ◽  
pp. 145-159
Author(s):  
Dudi Badruzaman
Keyword(s):  
Content Analysis ◽  
Qualitative Data ◽  
The State ◽  
Analysis Method ◽  
Normative Approach ◽  
Content Analysis Method ◽  
State Rights

AbstractNowadays, adultery is no longer an individual act, but becomes an industry with its localization both legal and illegal. In this case, many actors are involved in it, such as the presence of pimps, sex brokers, place providers, delivery agents, and so on. They can be referred to as facilitators of adultery, in addition to the adulterer itself. The purpose of this study was to determine the view of fiqh jinayah towards facilitators of adultery acts and its sanctions. By using the content analysis method as well as the juridical-normative approach to various qualitative data in form of rules and theories related to the object of research, this study shows that facilitators of the acts are categorized as jarimah and jarimah ta'zir to be specific. Judging from the concept of participation, the facilitator of obscene acts are participating directly or indirectly depending on his case, Sanctions for facilitators of this obscene act are ta'zir sanctions. The severity of the punishment becomes the state rights in order to achieve public benefits.Keywords: fiqh jinayah, facilitator, immoral act AbstrakSeks bebas sekarang bukan sekedar perbuatan perseorangan lagi, tapi sudah menjadi “industri” dengan adanya lokalisasi baik legal maupun ilegal. Dalam hal ini banyak pelaku terlibat didalamnya seperti adanya germo, calo seks, penyedia tempat, tukang antar, dan lain sebagainya. Mereka dapat disebut sebagai fasilitator perbuatan zina/cabul, di samping pelaku zina itu sendiri. Tujuan penelitian ini adalah untuk mengetahui pandangan fiqh jinayah terhadap fasilitator perbuatan asusila serta sanksi bagi mereka. Dengan menggunakan metode content analisys serta pendekatan yuridis-normatif terhadap berbagai data kualitatif berupa peraturan dan teori yang terkait dengan objek penelitian, penelitian ini menunjukkan bahwa para fasilitator perbuatan asusila merupakan perbuatan jarimah dan termasuk pada bagian jarimah ta’zir. Dilihat dari konsep turut serta, fasilitator perbuatan cabul ini termasuk pada turut serta secara tidak langsung dan bergantung pada kasusnya, bisa dengan jalan persepakatan, menghasut (menyuruh), atau memberi bantuan. Sanksi bagi fasilitator perbuatan cabul ini adalah sanksi ta’zir, berat ringannya menjadi hak negara sesuai dengan tuntutan kemaslahatan.Kata kunci: fiqih jinayah, fasilitator, asusila.

Czech-Slovak Relations in Czechoslovakia, 1918–1939

2007 ◽  
Author(s):  
Jan Rychlík
Keyword(s):  
Political Parties ◽  
The State ◽  
National Committee ◽  
National Council ◽  
Majority Population ◽  
State Rights

On October 28, 1918, the Czechoslovak state was proclaimed in Prague by the representatives of the main Czech political parties who formed the National Committee. In the proclamation addressed to the ‘Czechoslovak nation’, the Czech politicians claimed that the centuries-old dream of the nation has been realized. On October 30, the representatives of the Slovak political parties formed the Slovak National Council, which declared separation of Slovakia from Hungary. This chapter shows how Czechs and Slovaks welcomed the Czechoslovak state — but expected different things from it. It argues that the presumption of a single, unitary ‘Czechoslovak’ nation proved abortive from the very beginning, yet many Czechs failed to recognize this and therefore continued to underestimate the Slovak problem. That tended to undermine the country's raison d'être, which rested on the state rights of the majority population rather than on guarantees of an ethnic right. Autonomy was demanded by only one party, the Populists, and this did not command a majority among Slovaks at any point in the inter-war period. Nevertheless, their attachment to some form of separate status ran deep.

The state, rights, and the homogeneous nation

1992 ◽  
Vol 15 (1-3) ◽  
pp. 77-82 ◽  
Author(s):  
Nicholas Xenos
Keyword(s):  
The State ◽  
State Rights

scholarly journals KRITERIA TANAH TERLANTAR DALAM PERATURAN PERUNDANGAN INDONESIA

2010 ◽  
Vol 10 (1) ◽  
Author(s):  
Supriyanto Supriyanto
Keyword(s):  
Land Tenure ◽  
Government Regulation ◽  
Islamic Law ◽  
Land Rights ◽  
The State ◽  
Customary Law ◽  
Legal Entity ◽  
Farm Land ◽  
State Rights ◽  
Legal Consequences

When the State grants the person or legal entity is always accompanied by the obligations set forth in the BAL and the decision letter granting rights. Therefore prohibited from abandoning their land rights holders, and if the rights holders to abandon their land, the BAL has set the legal consequences of the disappearance of the relevant land rights and legal termination and affirmed as the soil directly controlled by the State. Criteria for determining the land has been abandoned, both under Customary Law, Islamic Law, Agrarian Law, Government Regulation No 36, 1998 and also No. 11, 2010 is substantially the same which includes wasteland Object land rights, land rights and management that have a basic mastery land; These lands are not cultivated, not utilized or not utilized in accordance with the circumstances, or the nature and purpose of the rights or basic mastery Therefore land should be maintained. To determine whether a field or farm land has been declared abandoned, the only criterion according to customary law used a specific period.Keywords: Wasteland, State, Rights Holders, A Result Of Law, Land Tenure

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