scholarly journals Open Axiology in Judicial Interpretation of Law and Possible Misuse of Discretion

2020 ◽  
Vol 29 (3) ◽  
pp. 39
Author(s):  
Leszek Leszczyński
Keyword(s):  
Discretionary Power ◽  
Judicial Interpretation ◽  
General Reference ◽  
Legislative Policy ◽  
The Subject ◽  
Essential Function ◽  
The Law ◽  
The Relationship ◽  
Made In

<p>The subject of the article is to determine the extent to which the judicial interpretation of the law is affected by the use of an open axiology argument in the course of adjudication. Assuming that the use of open criteria is based primarily on the application of the legislative construction of general reference clauses, it is important to link these references to a legislative policy in which they constitute a means of deliberately extending the scope of discretionary power, derived from natural (independent of the legislator) sources. The essential function of the references is the axiological opening of findings made in all essential phases of judicial interpretation – validation, reconstruction and construction, resulting, among other things, in a change in the relationship between the roles of particular interpretation rules. This may lead to various manifestations of abuse of the interpretative discretion of judges, which in turn necessitates the search for certain remedies, among which the formation of permanent lines of jurisdiction and precedential practice, as well as the transparency of the reasoning of judgements, seems to be of the utmost importance.</p>

Relations between the Russian Empire and the Orthodox Church of the East as Exemplified in the Collection of Greek Engravings of The Church Archaeological Museum at the Moscow Theological Academy

2020 ◽  
pp. 61-77
Author(s):  
Анна Леонидовна Краснова
Keyword(s):  
Russian Empire ◽  
Orthodox Church ◽  
Church Of The East ◽  
Holy Places ◽  
The Subject ◽  
The Russian Empire ◽  
The 19Th Century ◽  
The Relationship ◽  
The Church ◽  
Made In

В XVIII в. на основании общего интереса к святыням Востока, а также единой тенденции для крупных монастырей изготавливать гравюры на память для паломников, многие греческие гравюры свидетели русско-афонских отношений попадают на территорию Российской Империи. Сохранились такие гравюры и в Церковноархеологического кабинете Московской духовной академии, собрание которых насчитывает 29 эстампов. Пять гравюр из этого собрания имеют надписи на греческом и на славянском языке. Надписи свидетельствуют о месте и времени создания гравюры, о граверах и заказчиках, являются источниками кратких исторических сведений. В статье приведены выявленные дополнительные факты об этих гравюрах, которые свидетельствуют о наличии церковных, экономических и политических отношений на базе культурных связей между Российской Империей и странами православного Востока. The Russ has always been supporting the relationship with the Orthodox Church of the East. As a result of these connections, we have a lot of icons and other gifts from The Mount Athos, The Saint Catherine’s Monastery and others holy places. There are five Greek engravings in the collection of The Museum of Church Archaeology at the Moscow Theological Academy, which have inscriptions in Greek and Slavic. These engravings were to be spread in Slavic countries. They are dated from the 17th to the 19th century. Some of them were made in Moscow. The images and the inscriptions of the engravings are the subject of a research presented in this article.

scholarly journals Titles to Life Assurance Policies

1905 ◽  
Vol 2 ◽  
pp. 343-386
Author(s):  
Alfred Ernest Sprague
Keyword(s):  
Legal Proceedings ◽  
Legal Question ◽  
Life Assurance ◽  
The Subject ◽  
The Law ◽  
To Receive ◽  
Made In

The chief object for which insurance offices exist is to pay claims; but before any claim can be paid, the question arises—who is the proper person to receive the payment ? If any mistake be made in this, the office may find itself involved in troublesome and expensive legal proceedings, and be compelled to pay the claim twice over. This consideration shows the necessity of insurance officials having some knowledge of law, as it is almost impracticable for them to refer every legal question to their solicitors; and my present object is to draw attention to some of the elementary points which arise in the ordinary course of our business. On the shelves of the library there are to be found papers by Mr. Barrand, Mr. Warren Crosbie, and Mr. Hayter, which should be studied carefully (in addition to the text books) by every one desirous of qualifying himself for a position of responsibility in the claims or law department of his office; but these papers do not exhaust the subject, and I do not propose to allude to the points discussed therein, except in the cases where some further explanation seems desirable or where there has been an alteration in the law or in the practice of the offices.

scholarly journals The eye of the architect. Le Corbusier and the photograph: demonstrate, learn, remember

2015 ◽  
Author(s):  
Annarita Teodosio
Keyword(s):  
Visual Arts ◽  
Cultural Context ◽  
Le Corbusier ◽  
Palabras Clave ◽  
Representation Of Architecture ◽  
The Subject ◽  
The Many ◽  
Siglo Xx ◽  
The Relationship ◽  
Made In

Abstract: The relationship between Le Corbusier and the visual arts (drawing, photography and cinema) is deep and complex and, although the subject of numerous publications and research since the late 60s, still arouses much interest, as evidenced by the many events organized in the last years - "Le Corbusier. Vue sur la mer ", Maison La Roche, Paris, 2012; "Construire the image: Le Corbusier et la Photographie", Musée des Beaux-Arts, the Chaux-de-Fonds, 2013; or the recent "Le Corbusier and photography", IUAV, Venice, May 2015-. The paper, starting out from the researches already developed, proposes a further reflection on the relationship between the Swiss architect and the photography, paying particular interest to the shooting made in first person. The study analyzes the different approaches and the different subjects photographed in the course of his life and it is proposed to include the work of Le Corbusier in the broader cultural context of the twentieth century, a period in which the relationship between architecture and visual communication, thanks to the many possibilities offered by technological innovations, it becomes increasingly close and inevitable. Resumen: La relación entre Le Corbusier y las artes visuales (dibujo, fotografía y cine) es profunda y articulada y, aunque es objeto de numerosas publicaciones y investigaciónes desde el finales de los años 60es, todavía despierta mucho interés, como lo demuestran los diversos eventos realizados en los últimos años - “Le Corbusier. Vue sur la mer”, Maison La Roche, Parìs, 2012; “Construire l’image: Le Corbusier et la photographie”, Musée des Beaux-Arts, la Chaux-de-Fonds, 2013; o la más reciente “Le Corbusier e la fotografia”, IUAV , Venezia, mayo 2015-. El articulo, a partir desde investigación ya desarrollado, propone una reflexión más sobre la relación entre el arquitecto suizo y la fotografía, prestando especial interés a las realizata en primera persona. El estudio analiza los diferentes enfoques y diferentes sujetos fotografiados en el curso de su vida y se propone de insertar la obra de Le Corbusier en el contexto cultural más amplio del siglo XX, un período en el que la relación entre la arquitectura y la comunicación visual, gracias a las muchas posibilidades que ofrecen las innovaciones tecnológicas, se vuelve cada vez más estrecha e inevitable.  Keywords: Le Corbusier; photography; representation of architecture. Palabras clave: Le Corbusier; fotografia; representaciones de la arquitectura. DOI: http://dx.doi.org/10.4995/LC2015.2015.947

scholarly journals Prohibition of interrogation of notaries as witnesses in criminal proceedings

1970 ◽  
pp. 345-349
Author(s):  
Ulyana Polyak
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Legal Literature ◽  
Criminal Procedure Law ◽  
The Subject ◽  
The Law ◽  
Notary Public ◽  
Made In

The current criminal procedure law of Ukraine stipulates that a witness is obliged to give a true testimony during pre-trial investigation and trial, however, the legislator made an exception for this by specifying the categories of persons who have been granted immunity from immunity, ie they are released by law. testify. The article deals with the problems of law and practice regarding the prohibition of the interrogation of a notary as a witness in criminal proceedings and the release of him from the obligation to keep the notarial secret by the person who entrusted him with the information which is the subject of this secret. The notion of notarial secrecy is proposed to be changed, since the subject of this secrecy is not only information that became known to the notary public from the interested person, but also those information that the notary received from other sources in the performance of their professional duties, as well as the procedural activity of the notary himself, is aimed at achieving a certain legal result. The proposal made in the legal literature to supplement the CPC of Ukraine with the provisions that a notary is subject to interrogation as a witness on information that constitutes a notarial secret, if the notarial acts were declared illegal in accordance with the procedure established by law The proposal to increase the list of persons who are not subject to interrogation as witnesses about the information constituting a notarial secret is substantiated, this clause is proposed to be supplemented by provisions that, apart from the notary, are not notarized, other notarials, notaries as well as the persons mentioned in Part 3 of Art. 8 of the Law of Ukraine "On Notary". Amendments to the current CPC of Ukraine by the amendments proposed in this publication will significantly improve the law prohibiting the interrogation of a notary as a witness in criminal proceedings, as well as improve certain theoretical provisions of the institute of witness immunity in criminal proceedings.

1. The historical origins of the trust

2019 ◽  
pp. 1-13
Author(s):  
JE Penner
Keyword(s):  
Common Law ◽  
The Core ◽  
Administrative Power ◽  
The Subject ◽  
The Common ◽  
The Law ◽  
The Relationship ◽  
Historical Origins

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter traces the historical roots of the trust. The law of trusts is the offspring of a certain English legal creature known as ‘equity’. Equity arose out of the administrative power of the medieval Chancellor, who was at the time the King’s most powerful minister. The nature of equity’s jurisdiction and its ability to provide remedies unavailable at common law, the relationship between equity and the common law and the ‘fusion’ of law and equity, and equity’s creation of the use, and then the trust, are discussed.

Licensing (Scotland) Acts Amendment Bill

1903 ◽  
Vol 49 (205) ◽  
pp. 327-328
Keyword(s):  
Married People ◽  
Black List ◽  
The Subject ◽  
The Law ◽  
Made In

This Bill, now before Parliament, is practically a repetition of the last English Act. In approaching the subject, however, the authors of the Bill have had to make certain alterations to bring it into conformity with the law of Scotland as already existing. The clauses relative to separation of married people who have become habitual drunkards have been omitted in the Scottish Bill; but the constitution of licensing courts and of licensing law is generally amended. Additional penalties are imposed for offences involving drunkenness, and the black list will be extended north of the Tweed. Much-needed reforms in regard to the registration of clubs are introduced, and it is to be hoped that these will pass into law without delay. There are other matters to which we have repeatedly referred as requiring amendment in connection with drunkards and their doings; and it is to be hoped that amendmentswill be made in the course of the Parliamentary discussions to render this Act still more effective.

Markesinis & Deakin's Tort Law

2019 ◽  
Author(s):  
Simon Deakin ◽  
Zoe Adams
Keyword(s):  
Deep Understanding ◽  
Tort Law ◽  
Economic Interests ◽  
Economic Context ◽  
The Subject ◽  
The Common ◽  
The Law ◽  
Economic Perspectives ◽  
The Relationship ◽  
8Th Edition

Markesinis and Deakin’s Tort Law, now in its 8th edition, provides a general overview of the law and discussion of the academic debates on all major topics, highlighting the relationship between the common law, legislation, and judicial policy. In addition, the book provides a variety of comparative and economic perspectives on the law of tort and its likely development, always placing the subject in its socio-economic context, thereby giving students a deep understanding of tort law. The book is composed of eight parts. Part I starts by setting the scene, Part II looks at the tort of negligence. Part III turns to special forms of negligence. This is followed by Part IV which examines interference with the person. Part V turns to intentional interferences with economic interests. The next part looks at stricter forms of liability. Part VII examines the protection of human dignity which includes looking at defamation and injurious falsehood, and human privacy. The last part looks at defences and remedies.

The Lawyer's Divided Loyalties: An Introductory Note

1981 ◽  
Vol 16 (1) ◽  
pp. 1-4 ◽  
Author(s):  
Shalev Ginossar
Keyword(s):  
Professional Ethics ◽  
Legal Profession ◽  
Reverse Order ◽  
National Council ◽  
Tel Aviv ◽  
International Conference ◽  
Introductory Note ◽  
The Subject ◽  
The Law ◽  
Made In

The three papers published hereafter were presented at an International Conference on the Ethics and Responsibilities of the Legal Profession held in Tel Aviv from 17–21 August 1980. As could be expected, the views expressed therein are not identical, but since they are all connected with the manner in which the nature and the function of the profession is conceived, it may be useful to outline the attitude of the law of Israel on the subject.The Chamber of Advocates Law, enacted in 1961 to supersede the Advocates Ordinance, 1938, declares in sec. 54 that —In carrying out his functions, an advocate shall serve the interests of his client loyally and devotedly and shall help the court to dispense justice.The statute apparently places at the same level the lawyer's duties to his client and to the court: the order in which it enumerates them does not indicate any intention of priority—any more than in the Decalogue the respect due to one's father can be said to take preecdence over that to one's mother. The same two fundamental duties are mentioned, in reverse order, in the Rules of Professional Ethics made in 1966 by the National Council of the Chamber of Advocates with the approval of the Minister of Justice.

Cooperation of International Judicial Bodies Considering Maritime Disputes

2020 ◽  
Vol 1 (12) ◽  
pp. 145-148
Author(s):  
E. S. Orlova
Keyword(s):  
Law Of The Sea ◽  
Legal Regime ◽  
Maritime Disputes ◽  
The Subject ◽  
The Law ◽  
The Relationship

The paper is devoted to the cooperation of international judicial bodies operating based on the 1982 UN Convention on the Law of the Sea This cooperation is determined by the Convention, which sets out four procedures for the resolution of international maritime disputes. The relevance of the paper is determined by the important role of international judicial bodies in resolving international maritime disputes by amicable means. The subject of the study is the relationship between international judicial authorities on the interpretation and application of the 1982 UN Convention on the Law of the Sea. The purpose of the paper is to determine the rules of law on cooperation of international judicial bodies considering international maritime disputes based on the Convention on the Law of the Sea. The hypothesis of the study is that the cooperation of international judicial bodies operating within the framework of a single legal regime causes competition among the jurisdictions of international judicial bodies and is productive.

scholarly journals Interpretation of law by the court as an element of legislation

2021 ◽  
pp. 153-164
Author(s):  
O. G. Koban
Keyword(s):  
Court Case ◽  
Constitutional Court ◽  
Court Cases ◽  
International Treaties ◽  
Judicial Interpretation ◽  
Lower Courts ◽  
The Subject ◽  
The Law ◽  
Characteristic Features ◽  
Correct Understanding

The article examines the problem of the essence and content of judicial interpretation, its characteristic features. The goal of a casual court interpretation is the correct understanding of the content of the norms of law, and the task is to individualize legal regulations. Acts of casual court interpretation are «samples» for lower courts, given that they are always guided by the practice of interpretation. The article also deals with the theoretical aspects of the institute of interpretation of law by court, its gist, and legal nature; explores the views of the Ukrainian and foreign scientists on the subject. The article also deals with relevant to modern legal practice issues of judicial interpretation. The peculiarity of the casual interpretation is that it has a person-oriented character and is relevant to specific circumstances. A casual interpretation can not go beyond the boundaries of a particular legal case and apply to similar cases. The difference between the normative interpretation and the casual is that the former may extend to an unspecified range of cases, and the second one to the incident that was the subject of a dispute. Subjects of casual interpretation are the judicial and administrative bodies. Clarification of the content of the law by the judiciary is a judicial interpretation. The official constitutional interpretation of the Constitutional Court of Ukraine is carried out in providing opinions on cases of constitutionality of laws and other legal acts, compliance with the Constitution of Ukraine of international treaties, adherence to the procedure of investigation and consideration of the case of removal of the President of Ukraine from office in the order of impeachment. The supreme court’s interpretation of the case largely influences judicial practice. Courts, in court cases, carry out a casual interpretation of the rules of law and develop case-law on the application of the rules of law. The casual judicial interpretation is the interpretive activity of the court in the process of reviewing and resolving court cases (or in the order of their review by the appellate or cassation instances), the purpose of which is a correct understanding of the content of the legal norm. His task is the individualization of legal requirements, and the result is binding only for a specific court case and parties involved in it. The acts of the casual interpretation of the higher judicial bodies are «samples» for lower courts, given that they are always guided by the practice of interpretation and application of the law by the highest judicial authorities and, as a rule, follow it. Characteristic features of the casual judicial interpretation is that its subjects are judges of all courts, it is directed at the consideration and resolution of a particular court case, the results of such an interpretation are binding only for the parties to a specific court case and are fixed in the motive part of the decision. Keywords: court, casual interpretation, the rule of law, judicial interpretation, rule.

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