scholarly journals Kleistův „Michael Kohlhaas“ jako výraz vášnivé touhy po dosažení spravedlnosti, jakož i další autorova díla vztahující se k problematice „práva a literatury“

2021 ◽  
Vol 51 (3) ◽  
pp. 57-69
Author(s):  
Radim Seltenreich

The article deals with the work of Heinrich von Kleist (1777–1811) in terms of its relation to the problems of “law and literature”. It focuses on the fact that this German writer belongs to those great creators who attached extraordinary care to the question of law and justice in his work. At first, the paper deals shortly with the life of this important figure of the German letters. Then the main attention is paid to the nouvelle “Michael Kohlhaas” which might be considered as the most important of his works related to the “law and literature” topic. This is given especially by the general preset of the story in which the main hero fights for the achievement of the justice tirelessly even at the cost of sacrificing his family's happiness and his life. Next part of the paper makes us familiar with certain aspects of the plot. Finally, the other works of Kleist related to the problems of “law and literature” and legal questions involved are analyzed.

2021 ◽  
pp. 64-85
Author(s):  
Artur Ghambaryan

The aim of the article is to reveal the collisional relationship between justice and the law in the philosophical dimension. The main objectives of the article are to analyze the contradictions between law from the point of view of broad legal understanding, as well as the answer to the question of how law enforcement agent should act if, in solving a specific case, an outrageous contradiction between law and justice is encountered. The author used a number of scientific methods, in particular, historical-legal-comparative methods. The author concludes that supporters of a broad legal understanding consider the issue of contradiction between law mainly from the point of view of legislative policy, however, they do not discuss the issue of how the law enforcement agent should act when an obvious contradiction between law is encountered in a particular case. In the article the sayings «dura lex sed lex» (The law [is] harsh, but [it is] the law) and «lex iniusta non est lex» (An unjust law is no law at all) are considered in the dimensions of the legalism and natural law. The author concludes that the Radbruch formula is an exception to the saying «dura lex sed lex» (The law [is] harsh, but [it is] the law), which has undergone practical approbation. On the one hand, this resolution values the certainty and stability of the law, and on the other hand, it protects the person (society) from the unjustly shouting unjust laws.


1960 ◽  
Vol 4 (2) ◽  
pp. 66-78 ◽  
Author(s):  
Kenneth Roberts-Wray

British administration in overseas countries has conferred no greater benefit than English law and justice. That may be a trite observation, but I offer no apology. It has been said so often by so many people—as many laymen as lawyers and perhaps more Africans than Englishmen—that it must be assumed to be true. But what, in this context, are English law and justice, or similar expressions (it is put in many different ways) to be taken to comprehend ? I have heard one or two lawyers who have served overseas speak as if there were a rebuttable presumption that anything suitable for this country should be acceptable for a country in Africa. Even if that were true, and I am sure it is not, it would not that all English legal rules and institutions are appropriate for Africa, for they are not even suitable for England. It is only too true that the law is sometimes “an ass”. Not so often as some laymen like to claim, though laymen may be fair judges of what is good sense in law. I well remember how as a law student I became impatient with principles, especially in the law of torts and the rules of evidence, which to my mind left a large gap between law on the one hand and justice or common sense on the other. I am well aware that in my critical attitude I was at one with the majority, and all lawyers must welcome the labours of the Law Reform Committees, which have borne fruit in a steady stream of important Bills during the last thirty years.


2021 ◽  
Vol 3 (1) ◽  
pp. 30-49
Author(s):  
Syaifuddin Zuhdi

The purpose of this article is to explain the relation between law and justice in order to realize a law that is transcendental justice. The method used is a normative method or literature study with a philosophical approach. The findings from this discussion are that justice is not only talking about benefits and harm such as the principles of justice according to Bentham and Rawls, a good law is a law that is able to represent the values of God’s justice, such as equality (egalitarianism), balance, harmonization, ta’awun (helping each other), recognizing and respecting each other’s rights and obligations, and so on, both in the text of the law, as well as in its application. On the other hand, bad law is a law that deviates(deviative) from the values of justice. This law is like a parasite that only causes damage to society. Justice and truth are not the main pattern, but power and worldly satisfaction are the pattern


2019 ◽  
Vol 1 (1) ◽  
pp. 128-160
Author(s):  
Agata Amato Mangiameli

Facts and values, truth and values. These are the terms that are the premise of this analysis. The aim is to ask oneself about Law and its foundation. In particular, two different questions require a new and more updated discussion: one is dedicated mainly to what the Law prescribes in a certain place and at a certain time (quid iuris) (Science of Law), and the other, instead, concerns above all justice (quid ius) (Philosophy of Law). It is only from the tension between Law and Justice that the jurist can be reconciled with jurisprudence and fulfill what – in hindsight – is his fundamental task: setting checks and balances to legislation for the protection of human rights.


Author(s):  
Mukul Rohatgi

This essay examines the role that the executive, represented by the Union Minister in-charge of Law and Justice, was expected to play on the National Judicial Appointments Commission. The author charts a history of what the Constituent Assembly envisaged the role of the executive to be and how this role eventually unfolded in the appointments process. The description of the history culminates with the observation about how the collegium system of appointments, meant to counteract executive interference in appointments, has come to be mired in controversy itself. This essay then engages with the judgment in the NJAC Case, and how the bench frowned upon the presence of the Law Minister on the NJAC. This essay contests that the Supreme Court’s apprehension that the Law Minister could cloud the views of the other members of the NJAC was based on conjectures and surmises.


Author(s):  
Allan Hermit Prasetyo

The guidance and development of military law are needed and intended to guarantee the respect for human rights, rule of law and justice in the military environment, which among others are manifested through a system of law and order in the law number 25 of 2014 on the law of military discipline. Under the provisions of article 6 paragraph (1) of law number 25 0f 2014, then the law of military discipline should be imposed on any person  who under the law equated with the military, including the citizens who are mobilized for their expertise in time of war. The enforcement is considered to be too early, given the sentencing of military discipline for offenders who have violated the law of military discipline must be performed by the Authorized adjudge (Ankum), but on the other hand, the law of number 25 of 2014 on the law military discipline does not provide any explicit and complete arrangements or provisions about the Ankum’s authority in enforcing discipline  against citizen who are mobilized in time of war. Through the method of the normative legal research with an approach to the concept and approach to legislation, it can be concluded that assesment  of vagueness  of these arrangements is quite essential, considering that the vaqueness of these arrangements may result in legal uncertainty, therefore, it is needed more complete arrangement in order to implement the provisions of the law of military discipline against citizens who mobilized in time of war. Keywords : Authority, The Authorized adjudge, Citizens who are mobilized. Pembinaan dan pengembangan hukum militer diperlukan dan ditujukan untuk menjamin terciptanya penghormatan terhadap hak asasi manusia, kepastian hukum dan keadilan di lingkungan militer, yang diantaranya diwujudkan melalui suatu sistem dan tatanan hukum dalam Undang-Undang Nomor 25 Tahun 2014 tentang Hukum Disiplin Militer. Berdasarkan ketentuan Pasal 6 ayat (1) Undang-Undang Nomor 25 Tahun 2014, maka Hukum Disiplin Militer juga diberlakukan kepada setiap orang yang berdasarkan undang-undang dipersamakan dengan militer, diantaranya adalah warga negara yang dimobilisasi karena keahliannya pada waktu perang. Pemberlakuan ini dianggap terlampau dini, mengingat penjatuhan hukuman disiplin militer bagi pelaku yang melakukan pelanggaran hukum disiplin militer harus dilakukan oleh seorang Atasan Yang Berhak Menghukum (Ankum), namun di sisi lain, Undang-Undang Nomor 25 Tahun 2014 tentang Hukum Disiplin Militer tidak memberikan pengaturan secara tegas dan lengkap tentang kewenangan Ankum dalam menegakkan hukum disiplin terhadap warga negara yang dimobilisasi pada waktu perang. Melalui penelitian hukum normatif dengan pendekatan konsep hukum dan pendekatan perundangan-undangan, maka dapat disimpulkan bahwa pembahasan tentang kekaburan pengaturan ini merupakan hal yang cukup penting, mengingat kekaburan tersebut dapat menimbulkan ketidakpastian hukum, dan oleh karenanya diperlukan pengaturan lanjutan yang lebih lengkap dalam upaya menerapkan ketentuan hukum disiplin militer terhadap warga negara yang dimobilisasi pada waktu perang.


2013 ◽  
Vol 48 (4) ◽  
pp. 63-77 ◽  
Author(s):  
Joanna Ludwikowska

ABSTRACT Fourteenth century England experienced social changes which influenced the attitude to crown law and triggered a growing distrust to law and its representatives. The progressing development of the gentry complicated the defining of offences, and diversified the means of punishing them. The Tale of Gamelyn presents a conflict between two brothers, sons of a knight, which went beyond the confinements of the household, transforming itself into a conflict between law and justice. Their feud is a cross-complaint concerning land, which soon turns into a spiral of violence in which one brother uses law to control and punish, and the other uses crime and violence to achieve justice. Using Donald Black’s theory of the sociological geometry of violence (2004) and of crime as social control (1983), this article will analyze the law in the tale as a tool of social control represented by Johan, and justice acquired with the use of self-help by Gamelyn. The article will attempt to prove that the story presents a complex relation between justice and law pinned across the varied spectrum of social classes, which Gamelyn changes a number of times, and will argue that the tale is an affirmation of violence as an underlying force of both law and justice, differing in presentation and realization according to social class.


Jurnal Hukum ◽  
2016 ◽  
Vol 31 (2) ◽  
pp. 1721
Author(s):  
Muhammad Aziz Syamsuddin

AbstractThe spirit of the eradication of corruption is running continually. Various efforts or strategies were arranged to sharpen the power of corruptions’ eradication. One of the strategies is legislation support or comprehend and effective legislation. It was proved by the enactment of Law No. 28 of 1999 on State Implementation of Clean and Free from Corruption, Collusion and Nepotism and also Law No. 31 of 1999 as amended by Law No. 20 of 2001 on Corruption Eradication. The other related legislation such as Law No. 30 of 2002 on Corruption Eradication Commission and the Law 8 of 2010 on the Prevention and Eradication of Money Laundering.  Those Supporting legislations show that there is a shared commitment to eradicate corruption. Indonesia has also ratified the UNCAC (United Nations Convention against Corruption) by Law No. 7 of 2006 on the UN Convention (United Nations) Anti-Corruption. Support legislation is expected to provide a deterrent effect for offenders and protecting the rights of citizens has a whole. Keywords: Legislative Support, Criminal Code Draft, Eradication, Crime of Corruption, Pros and Cons    AbstrakSemangat pemberantasan tindak pidana korupsi terus bergulir. Berbagai upaya atau strategi dibangun untuk mempertajam kekuatan pemberantasan korupsi. Salah satunya adalah dengan dukungan legislasi atau peraturan perundang-undangan yang komprehensif dan efektif. Dibuktikan dengan lahirnya Undang-Undang No. 28 Tahun 1999 tentang Penyelenggaraan Negara yang Bersih dan Bebas dari Korupsi, Kolusi, dan Nepotisme dan Undang-Undang No. 31 Tahun 1999 sebagaimana diubah dengan Undang-Undang No. 20 Tahun 2001 tentang Pemberantasan Tindak Pidana Korupsi. Adapun undang-undang terkait lainnya seperti UU No. 30 Tahun 2002 tentang Komisi Pemberantasan Tindak Pidana Korupsi dan UU No. 8 Tahun 2010 tentang Pencegahan dan Pemberantasan Tindak Pidana Pencucian Uang. Dukungan legislasi tersebut menunjukkan adanya komitmen bersama untuk memberantas tindak pidana korupsi. Indonesia juga  telah meratifikasi UNCAC (United Nations Convention Against Corruption) dengan UU No. 7 Tahun 2006 tentang Konvensi PBB (Perserikatan Bangsa-Bangsa) Anti Korupsi. Dukungan legislasi ini diharapkan memberikan efek jera bagi pelaku sekaligus melindungi hak-hak warga negara secara keseluruhan. Kata Kunci: Dukungan Legislatif, RUU KUHP, Pemberantasan, Tindak Pidana Korupsi, Pro dan Kontra


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