scholarly journals NONET AND SELZNICK’S RESPONSIVE LAW CONCEPT IN A HISTORICAL PHILOSOPHY PERSPECTIVE

CREPIDO ◽  
2021 ◽  
Vol 3 (2) ◽  
pp. 96-109
Author(s):  
Agam Ibnu Asa ◽  
Misnal Munir ◽  
Rr. Siti Murti Ningsih
Keyword(s):  
Historical Perspective ◽  
Legal Issues ◽  
Philosophical Method ◽  
Cultural Dynamics ◽  
Complex Society ◽  
Legal Subject

The responsive laws of Nonet and Selznick's thinking became one of the results of conceptual ideas about the laws that are elaborated periodically. The development of responsive law may be less comprehensive when it has not been found the historical fundamental aspects on which it is focused. It is thus important to study the concept of Nonet and Selznick's responsive legal philosophically. The method in this research is the philosophical method. The results of this study include: first, the development of law in Nonet and Selznick's view is divided into three periods of repressive law, autonomous law, and responsive law. Second, Nonet and Selznick's responsive law when reviewed in historical perspective gained an understanding that responsive law exists from a constantly creative legal subject by looking at legal issues and realities in an increasingly complex society, and responsive law is a law that has always served as part of cultural dynamics.

scholarly journals State Owned Enterprises Finance from the Perspective of State Funds

Yuridika ◽  
2019 ◽  
Vol 35 (2) ◽  
pp. 363
Author(s):  
Sopian Sitepu
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Company Law ◽  
Legal Issues ◽  
Clear Distinction ◽  
Constitutional Court ◽  
Court Decisions ◽  
State Budget ◽  
Legal Subject ◽  
The Status

The existence of State-Owned enterprises (SOE) as one of Indonesia’s legal entities, whereby the State owns part of all of the capital of the company has presented several legal issues. The BUMN Act that has become the basis for establishing State-Owned enterprises has become its own independent legal subject and separates itself from the wealth of the State and has adhered to the provisions of the Company Law Act so that the capital that is presented by the State to the corporation remains as the capital of the SOE and not form the State. However, existing legislations regarding State funds places the funds for SOE as being part of the State budget. This ambiguity in the status of BUMN Funds is not only found in legislations but also in two different constitutional court decisions that presents inconsistencies towards law enforcers. This clear distinction is crucial in the practice of law enforcement in Indonesia.

scholarly journals Specialist Clinical Legal Education: An Australian Model

2014 ◽  
Vol 3 ◽  
pp. 67 ◽  
Author(s):  
Susan Campbell ◽  
Alan Ray
Keyword(s):  
Subject Matter ◽  
Family Law ◽  
Legal Education ◽  
Legal Issues ◽  
Legal Subject ◽  
Grass Roots ◽  
Legal Problems ◽  
The University ◽  
Insight Into ◽  
Australian Universities

<p>Clinical legal education in Australia traditionally has been based in generalist clinics, where the client and caseload intake is limited primarily by the financial means of clients rather than by the legal subject matter of their problems. The breadth and variety of legal problems which confront clinic students provide insight into and understanding of the operation of the legal system at the grass roots and the legal issues raised rarely seem to reflect directly the law the students have learnt in the classroom.</p><p>In recent years, for both educational and political reasons, Australian Universities have begun to develop specialised clinics, serving clients with problems in a particular area of law.</p><p>This article describes the operation of Monash’s specialised Family Law clinic and considers the factors which, in the Monash experience, have combined to ensure its stability and recognition, within the University and in the broader political context.</p>

scholarly journals Penguasaan Tanah Reklamasi tanpa Alas Hak atas Tanah: Studi Kasus di Desa Taddan, Kecamatan Camplong, Kabupaten Sampang

Lentera Hukum ◽  
2018 ◽  
Vol 5 (1) ◽  
pp. 144
Author(s):  
Amri Ubaidillah
Keyword(s):  
Law Enforcement ◽  
Preventive Measures ◽  
Land Rights ◽  
Legal Issues ◽  
Legal Research ◽  
Legal Subject ◽  
Legal Implications ◽  
Land Control ◽  
The Village

This study discuss legal issues concerning control of reclamation without possessing land rights as the result of the unregistered reclamation by communities in the Village of Tanddan, Sub-district Campling in the Sampang Regency. The aim of this study is to show legal implications and analyze effectivity of law enforcement on the accomplishment land control of reclamation without possession. By using empirical legal research with socio-juridical approach, the result of study shows that legal subject cannot control over and build houses over land of reclamation withou posession of land rights. In other words, houses built over land of reclamation without land rights can be evicted without any compensation. Therefore, such land of reclamation should be registered  as the governmental land to the National Agrarian Board or Badan Pertanahan nasional (BPN) in the Sampang regency. It also affirms that there is a problem of effeciency of law enforcement on the accomplishment of land control of reclamation without any repressive and preventive measures. Keywords:  Land Control, Reclamation, Sampang

Late Antique Iran and the Arabs: The Case of al-Hira

2013 ◽  
Vol 6 (1-2) ◽  
pp. 115-126 ◽  
Author(s):  
Isabel Toral-Niehoff
Keyword(s):  
Cultural Studies ◽  
Late Antiquity ◽  
Historical Perspective ◽  
Third Space ◽  
Cultural Exchange ◽  
The Political ◽  
Late Antique ◽  
Cultural Dynamics ◽  
Sasanian Empire

Abstract This article reevaluates our evidence for the interaction of Arab and Iranian elements in the Arab frontier-state of al-Hira, a state in late antiquity, which can be seen as a paradigmatic “third space” of special cultural dynamics. First, it sums up our evidence about the political and commercial ties connecting the Lakhmid principality and the Sasanian Empire; next, it focuses on the possible agents of cultural exchange between the two; finally, we direct our attention to the cultural spheres themselves and the issue of where and how Iranian-Arab transculturation as a process can be detected in the Hiran context. The article argues for a cautious reassessment of the material in light of current research in cultural studies. This is significant in its wider historical perspective, as such a process might have prepared the path for later developments in Islamic times, when the apogee of Arab-Iranian interaction is supposed to have taken place, i.e., in Abbasid Iraq.

Bones of contention. The supply of temporal bones for dissection: the legalities, problems and solutions

1998 ◽  
Vol 112 (12) ◽  
pp. 1138-1141 ◽  
Author(s):  
D. P. Morris ◽  
D. A. Luff ◽  
S. P. Hargreaves ◽  
M. P. Rothera
Keyword(s):  
Temporal Bone ◽  
Historical Perspective ◽  
Legal Issues ◽  
Specialist Registrar ◽  
Problems And Solutions ◽  
Temporal Bones

AbstractTemporal bone dissection is considered to be an important aspect of the otological training of the Specialist Registrar with dissection skills being formally assessed in the Intercollegiate Fellowship Examination. However the procurement of cadaveric specimens suitable for dissection may be fraught with difficulties. The authors take an historical perspective to clarify the existing legal issues and outline the means available to improve supply.

scholarly journals Review-Reflection on the Work Bochkarev S. A.«The Philosophy of Criminal Law: the Question»

2018 ◽  
Vol 5 (3) ◽  
pp. 164-171
Author(s):  
V V Hilyuta
Keyword(s):  
Virtual Reality ◽  
Criminal Law ◽  
Legal Issues ◽  
Philosophical Method ◽  
Current State ◽  
Current Paradigm ◽  
Critical Consideration ◽  
Philosophical Understanding

The article proposes a correlation of criminal law and philosophy for legal compatibility and scientific ref lection. Based on the monograph by S. A. Bochkarev «The Philosophy of Criminal Law: the Question» is analyzed the current state of criminal law in a philosophical aspect.The article is devoted to the question of philosophical understanding of criminal law. The author considers criminal legal issues in the context of the philosophical method of cognition, critically evaluates the postulate that such modern philosophical directions as hermeneutics, synergetics, the phenomenon of virtual reality as opposed to positivism have a great heuristic potential current paradigm of Russian criminal law. Rational and critical consideration of the provisions of monographic work S. А. Bochkareva puts on the agenda of the day the question of the importance of the inf luence of philosophy on solving problems of law, including criminal law. The arguments for and against such an approach are given.

Communication of genetic information in the palliative care context: Ethical and legal issues

2018 ◽  
Vol 18 (4) ◽  
pp. 219-240 ◽  
Author(s):  
Katie M. Saulnier ◽  
Margherita Cinà ◽  
Benny Chan ◽  
Sylvie Pelletier ◽  
Michel Dorval ◽  
...  
Keyword(s):  
Palliative Care ◽  
End Of Life ◽  
Genetic Information ◽  
Social Issues ◽  
Life Stage ◽  
Legal Issues ◽  
Care Providers ◽  
Cultural Dynamics ◽  
Normative Documents ◽  
Ethical And Legal Issues

As scientific understanding of the heritable aspects of cancer deepens, the need to effectively communicate genetic information within the families of cancer patients becomes more acute. In the palliative care context, the question of when and how to disclose a patient’s genetic information raises a host of ethical, legal, and social issues, including the challenges of communicating during the end-of-life stage and complex familial and cultural dynamics. In this paper, the authors outline the legal components of these issues in three civil law jurisdictions with similarly comprehensive approaches to healthcare and palliative care - Quebec, Belgium, and France - and provide insights from bioethics literature and normative documents on the disclosure of genetic information at the end of life. From this research, the authors propose a strategy for palliative care providers who are considering available options to communicate hereditary health information.

scholarly journals The Philosophical Vision of Legal Punishment

2022 ◽  
Author(s):  
Virginia Zaharia ◽  
Keyword(s):  
Criminal Law ◽  
Historical Perspective ◽  
Legal Regulation ◽  
State Constraint ◽  
Legal Issues ◽  
Historical Research ◽  
Criminal Punishment ◽  
Legal Punishment ◽  
Philosophy Of Punishment ◽  
Freedom And Responsibility

The concept of punishment represents one of the most difficult legal issues that are related to the concept of human freedom and responsibility. Since Antiquity, the brilliant minds of humanity contemplated about the sense of punishment and the function of this institution. Each epoch analyses this concept from different aspects and some of them are reflected in the actual legislation. The most important principles of contemporary criminal law were expounded by the Ancient, Modern and Contemporary philosophers. The field of research of this article is the philosophy of punishment of criminal law. In this study, we have applied the method of historical research of the proposed topic, which gives us the opportunity to analyze the development of criminal punishment and its goals from a historical perspective. In this paper, we aimed to determine the philosophical base of the legal punishment that legitimizes the application of sanctions to the person who committed the crime. We established the importance of the theories developed by brilliant thinkers for the contemporary concept of penal retribution and legal regulation of this institution. This theme generates several discussions that are formed in the process of comparison and debating of the ideas of influential philosophers regarding the purpose of criminal punishment. Therefore, we consider that the analysis of the theories of great thinkers gives us the possibility to understand the complexity of the phenomenon of criminal punishment, and leads to the more effective application of state constraint towards the offender.

scholarly journals Legal Personhood for AI?

2020 ◽  
pp. 237-250
Author(s):  
Mireille Hildebrandt
Keyword(s):  
Autonomous Systems ◽  
Legal Issues ◽  
Artificial Agents ◽  
Private Law ◽  
Legal Subject ◽  
Legal Personhood ◽  
Legal Subjectivity ◽  
The Status

This chapter considers legal personhood for artificial agents. It engages with the legal issues of autonomous systems, asking the question whether (and if so, under what conditions) such systems should be given the status of a legal subject, capable of acting in law and/or being held liable in law. The main reason for considering this option is the rise of semi-autonomous systems that display unpredictable behaviour, causing harm not foreseeable by those who developed, sold, or deployed them. Under current law it might be difficult to establish liability for such harm. To investigate these issues, the chapter explains the concepts of legal subjectivity and legal agency, before inquiring into the nature of artificial agency. Finally, the chapter assesses whether attributing legal personhood to artificial agents would solve the problem of private law liability for harm caused by semi-autonomous systems.

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