scholarly journals ISHARYŌ JAKO JAPOŃSKI SPOSÓB ZADOŚĆUCZYNIENIA ZA KRZYWDĘ W RAZIE ROZWODU

2019 ◽  
Vol 35 ◽  
pp. 121-136
Author(s):  
Rafał Andrzej ŁUKASIEWICZ
Keyword(s):  
Mental Disorder ◽  
Comparative Law ◽  
Moral Injury ◽  
Japanese Culture ◽  
The Status ◽  
Japanese Law

The purpose of this article is to present a compensation for moral injury connected with conjugal infidelity in Japanese Law (isharyō). The compensation for moral injury, which is sentenced because of a divorce could be divided into a compensation for mental disorder and a compensation for deprivation of the status in the society. To analyze this issue it is necessary to discuss context of Japanese culture and society. Furthermore, I present statistics which show factors that have influence on the amount of compensation. Finally, there are remarks on comparative law.

scholarly journals The offence/defence of infanticide: A view from two perspectives

2018 ◽  
Vol 82 (6) ◽  
pp. 470-481
Author(s):  
Helen Howard
Keyword(s):  
Mental Disorder ◽  
Postnatal Depression ◽  
Criminal Responsibility ◽  
Medical Condition ◽  
Moral Agent ◽  
Theoretical Rationale ◽  
After Effects ◽  
The Status ◽  
Not Criminally Responsible ◽  
Women Who Kill

This article asks whether the time is right for abolition of the offence/defence of infanticide. To this end, a two-pronged approach is taken, examining infanticide initially as an offence, and then as a defence. In terms of the offence of infanticide, consideration is given both to the concept of the ‘infanticidal mother’ and to the status of infants below the age of 12 months. When considering the defence of infanticide, examination is made of the exclusive nature of the defence and of the scope for an individual to be a ‘partial’ moral agent. The contradictory nature of infanticide, being both inculpatory and exculpatory, suggests the need for a theoretical rationale that justifies disallowing the offence/defence to, inter alia, those women who kill their own children over 12 months and to men who suffer similar ‘environmental’ postnatal depression. It is suggested that women who kill their children while suffering from the ‘after-effects’ of childbirth are either, depending on the severity of mental disorder, fully competent and therefore criminally responsible (although perhaps entitled to a lesser sentence due to a reduction in culpability) or fully incompetent, therefore incurring no criminal responsibility at all. This proposal can be achieved by recognising that there is a place for reduced culpability or a complete absence of responsibility to fall within the current defence of diminished responsibility or within the Law Commission’s recommended alternative to the insanity defence of ‘not criminally responsible by reason of recognised medical condition’.

scholarly journals Constitutional-Law Status of Autonomous Territories in the CIS Countries

2018 ◽  
pp. 69-76
Keyword(s):  
Constitutional Law ◽  
Legal Status ◽  
Comparative Law ◽  
Public Authorities ◽  
Autonomous Region ◽  
The Status ◽  
Independent States ◽  
Cis Countries ◽  
Autonomous Republic ◽  
Significant Attention

In the article, the legal status of autonomous territories in the CIS (the Commonwealth of Independent States) countries is discussed from a comparative perspective. Using a comparative-law methodology, the author examines constitutional provisions as well as special laws and regulations concerning each autonomous entity. The territorial autonomies in Azerbaijan (the Nakhchivan Autonomous Republic), Uzbekistan (the Karakalpakstan Republic), Tajikistan (the Gorno-Badakhshan autonomous region), and Moldova (Gagauzia) are studied. The status of autonomous territories in these states is defined by legal acts with different legal force. As a result, actual status of these territories varies from state to state. Nevertheless, it is emphasized that there are some similarities in provisions of the constitutions and other acts of the states under consideration. A significant attention is paid to analysis of systems of public authorities in autonomous territories, their organization, and procedures of appointment and elections to them. The competence of autonomous units and their legislative and executive bodies is also discussed. The author raises the question about the degree of autonomy in autonomous bodies’ activities.

The Oxford Handbook of Comparative Law

2019 ◽  
Keyword(s):  
Legal History ◽  
Comparative Law ◽  
The United States ◽  
Critical Assessment ◽  
First Century ◽  
The World ◽  
The Status ◽  
Critical Account ◽  
And Linguistics ◽  
Practical Level

This second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and highly diverse survey as well as a critical assessment of comparative law at the beginning of the twenty-first century. In the current era of globalization, this discipline is more relevant than ever, both on an academic and practical level. The book contains forty-eight essays, each of which provides an accessible, original, and critical account of comparative law in its respective area. Each essay also includes a short bibliography referencing the definitive works in the field. The book is divided into three main sections. Section I shows how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, Latin America, and the Islamic countries. Section II discusses the major approaches to comparative law—its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, Section III deals with the status of comparative studies over a range of subject matter areas, including the major categories of private, economic, public, and criminal law.

scholarly journals Some Regulatory Dilemmas of Artificial Termination of Pregnancy in Slovenian and Comparative Law

2017 ◽  
Vol 10 (2) ◽  
pp. 165-182
Author(s):  
Viktorija Žnidaršič Skubic
Keyword(s):  
Pregnant Woman ◽  
Legal Status ◽  
Legal Theory ◽  
Comparative Law ◽  
Termination Of Pregnancy ◽  
Legal Person ◽  
The World ◽  
The Future ◽  
The Status ◽  
Basic Characteristics

The article deals with the issue of the artificial termination of pregnancy through the prism of, typically, conflicting relations between the subjects involved and their interests. It specifically addresses the most contentious and morally-ethically as well as legally complicated relationship between the pregnant woman (the future mother) and the embryo or pre-embryo. The article explains the positions of legal theory and jurisprudence in Slovenia and abroad regarding the status of an embryo as a legal person. The authoress moreover touches the question of legal status of the (potential future) father of such an embryo and presents regulations dealing with artificial termination of pregnancy in domestic and comparative law. Through a schematic summary of typical characteristics of such regulations around the world, which greatly differs in details, the author highlights their basic characteristics as well as individual trends in the field.

scholarly journals Explanations of an Unfamiliar Phenomenon Based on Categorical Names and Metaphors

2020 ◽  
Vol 7 (4) ◽  
pp. 20-30
Author(s):  
Marie Arsalidou ◽  
◽  
Ivan Aslanov ◽  
Denis Grischuk ◽  
Alexey Kotov ◽  
...  
Keyword(s):  
Mental Disorder ◽  
Internal State ◽  
Verbal Label ◽  
Category Label ◽  
Separate Group ◽  
Behavioral Disorder ◽  
Linguistic Form ◽  
The Status

A study by Giffin and colleagues (2017) found the effect of a verbal label on the explanation of an unfamiliar phenomenon: when a name is used, people's judgments are more likely to express the belief that the phenomenon has an objective cause. This effect was demonstrated in behavior descriptions of a mental disorder that was either labeled with the fictional name “depataphy” or left unlabeled. In the present study, we replicated this effect (N = 110) and added new conditions in order to assess whether another linguistic form, a metaphor, could cause the same effect. A separate group (N = 119) evaluated two conditions wherein, instead of a verbal label, we informed participants that the internal state of the person behaving abnormally can be compared to some other event (e.g., a fire). One condition (the so-called nonconventional metaphor) emphasized that this comparison is made by the character of the story himself, and the second condition emphasized other people with a similar behavioral disorder (the so-called conventional metaphor). According to our hypothesis, only the conventional metaphor could affect the formation of explanations, because the conventionality would give the metaphor the status of a category name. The hypothesis was partially confirmed: in the condition with a nonconventional metaphor no significant effect was found, and in the condition with a conventional metaphor it was found in the answers to only one question. The results of the study are generally consistent with the interpretation by Giffin and colleagues that judgments are primarily influenced by a category label rather than other linguistic forms.

scholarly journals OCHRONA CZŁONKÓW RODZINY SPADKODAWCY NA TLE HISTORYCZNOPRAWNYM ORAZ PRAWNOPORÓWNAWCZYM

2017 ◽  
Vol 8 (2) ◽  
pp. 149
Author(s):  
Witold Borysiak
Keyword(s):  
Mental Disorder ◽  
Legal System ◽  
Family Members ◽  
The Other ◽  
Roman Law ◽  
General Clause ◽  
The Status ◽  
Statutory Protection ◽  
Set Up ◽  
Do So

Protection of the Deceased’s Family Members in the Historical and Comparative PerspectiveSummaryAll of the contemporary legal systems provide special regulations which protect the deceased’s family members from order’s occurring in his will. Freedom of the testacy is one of the most important rules in the law of successions. Nevertheless it should have limits – the most common example of that situation exists when deceased’s orders omits entirely the members of his closest family.The origins of that protection could be found in the Roman Law. This legal system creates two types of protection – “counter-will formal succession” (previous in the Roman Law evolution) and “counter-will material succession”.According to the first one, testator has a duty to disinherit all of his sons (sui heredes) in the clear and precise words (exhereditatio nominatim). He should also disinherit all of the other members of his family (such as daughters or grandchildren); however he has possibility to do so in a general clause. His will would be overthrown if he has not disinherited members of his family. In that case entitled persons acquired the status of the heirs. This system gave no property rights to descendants of the deceased - they had only right to be an heir or to be disinherit (which was described in the rule that sui heredes should be set up as heirs or should be disinherit - sui heredes aut instituendi sunt aut exheredandi).According to the second type of protection if deceased did not gave part of his property (so called pars legitima) to the entitled persons they have a legal claim (querela inofficiosi testamenti) to declare his will void. On the ground of that regulation existed fiction that testator, who disinherit the members of his closed family, acting in the mental disorder (cum colore insaniae) and violates his father duties (action contra officium pietatis). Roman Law protects the entitled person also against all of the donationes (those performing during the live of testator and mortis causa donations) in which deceased try to evade statutory protection of his family members.

scholarly journals Structure of the Constitutional Courts in Comparative Law: Macedonia, Turkey, Germany, Austria, France, Italy and Spain

2014 ◽  
Author(s):  
Ebru Karaman
Keyword(s):  
Working Condition ◽  
Comparative Law ◽  
Fundamental Rights ◽  
Employee Rights ◽  
Judicial Power ◽  
General Assembly ◽  
Constitutional Court ◽  
Constitutional Courts ◽  
The Status ◽  
Fundamental Rights And Freedoms

When the legislative has delimited rights and freedoms illegally, Constitutional Court should step in as an efficient assurance and this forcefulness is undoubtedly related to the structure of the Constitutional Court. The Constitutional Court's organization and election of the members of the Constitutional Court and status have a great importance for freedom of the Court. As a matter of fact, the only way to protect people’s fundamental rights and freedoms is possible with independent verdict. Judiciary which fulfills the function of judgment behalf of the nation and the judges who hold the judicial power, have an indispensable importance. The assurance of people’s right and freedoms could be provided only, when the court has accomplished their mission away from all kinds of pressure and influence. The freedom of judges also means their appointments, employee rights and working condition therefore; in first place, the organization of the Turkish Constitutional Court (General Assembly, Department, Division, Commission), then the election of members of the Turkish Constitutional Court and the status are compared with the regulation of Macedonia, Germany, Austria, France, Italy and Spain.

The Development of Comparative Law in Japan

2019 ◽  
pp. 200-227
Author(s):  
Luke Nottage
Keyword(s):  
Corporate Governance ◽  
Criminal Justice ◽  
Historical Development ◽  
Civil Law ◽  
Comparative Law ◽  
Corporate Law ◽  
Criminal Justice Systems ◽  
Japanese Law ◽  
Areas Of Interest ◽  
Gradual Transformation

This chapter discusses the historical development of comparative law in Japan, beginning with the Meiji government’s review of Western legal systems in order to craft its own modern legal system. In particular, it explains how foreign and comparative laws were imported into Japan and how the country’s ‘comparative law era’ began. The chapter then considers how Japanese law impacted legal developments in other countries, such as those in Asia and how comparative law studies are carried out within Japan today, with emphasis on consumer and civil law amendments, gradual transformation in corporate law and practice, and reforms within the civil and criminal justice systems. It also examines two major areas of interest among comparative law scholars focused on Japan: civil dispute resolution and corporate governance. Finally, it analyzes opportunities as well as challenges for comparative law scholarship in Japan.

Psychiatry as Ideology

2013 ◽  
Vol 15 (1) ◽  
pp. 7-17 ◽  
Author(s):  
Niall McLaren
Keyword(s):  
Mental Disorder ◽  
Formal Theory ◽  
Daily Practice ◽  
Biological Psychiatry ◽  
Brain Disorder ◽  
Laboratory Science ◽  
The Status ◽  
The Many ◽  
Definition Of ◽  
New Research

Background: The current psychiatric literature carries numerous papers arguing that the correct approach to mental disorder is to see it as a special form of brain disorder, whose precise biochemical and genetic causes will be revealed by the normal methods of laboratory science. In particular, these claims are repeated in numerous papers outlining and advocating the new Research Domain Criteria project of the U.S. National Institute of Mental Health.Material: An extensive search of the literature shows that not one of these biologically oriented papers ever provides citations or references to authorities such that the claim “mental disorder is brain disorder” is established to the standard required of valid scientific claims.Discussion: As it stands, the notion that mental disorder is brain disorder is unsubstantiated. In particular, no authorities in the field of biological psychiatry have ever demonstrated that they have a formal theory of mental disorder, or a model of mental disorder to guide their daily practice, their teaching or their research.Conclusion: This means that biological psychiatry has the status of an ideology only, and the many papers arguing its case meet the definition of propaganda.

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