scholarly journals Fraud Against the Law in the Legal and Religious System of Iran

2021 ◽  
Vol 8 (12) ◽  
pp. 95
Author(s):  
Mahdi Mollaei
Keyword(s):  
General Theory ◽  
Legal Requirements ◽  
Religious System ◽  
Legal Obligations ◽  
The Subject ◽  
The Law

Along with the formation of legal requirements, lawlessness and fraud against the law have also increased. The idea of combating fraud, in order to counteract its consequences, gradually led legal scholars to institutionalize the doctrine of the "general theory of fraud against the law." Modern civilized societies do not tolerate the non-fulfillment of legal obligations and requirements, they have made an increasing move in accepting this theory. Of course, the thought of religious scholars in enriching the theory in question, in the light of the institution of trickery, has fueled this important issue.It seems that although some religious scholars and jurists still have doubts about accepting this theory as an independent and specific establishment, but the existence of some signs in the subject law of Iran, sparks of hope in accepting this theory. . In this regard, the exclusive enforcement guarantee of "inability to invoke fraudulent action" has emerged. The article in question is an attempt to prove the above and intends to analyze the fraud against the law by carefully studying the legal and religious system of Iran.

Causation in the Law

1961 ◽  
Vol 19 (1) ◽  
pp. 62-85 ◽  
Author(s):  
Glanville Williams
Keyword(s):  
General Theory ◽  
Full Reference ◽  
American Law ◽  
Intellectual Interest ◽  
The Subject ◽  
The Law ◽  
Anglo American

Hart and Honoré's book is a thorough and scholarly study of the concept of causation in Anglo-American law. Closely reasoned, with full reference to the literature and a considerable treatment of Continental theories, it represents a serious attempt to restate the law in tort, contract and crime in an intelligible way. In future, any serious student of the subject will have to take note of it. Unfortunately for the authors they have backed a loser in supporting Re Polemis and criticising the foreseeability test; and since much of their argument depends upon their opinion on this question, their book must now be accounted largely out of date, if the decision of the Judicial Committee in The Wagon Mound receives the acceptance that seems probable. In respect of the general theory of causation, however, the discussion retains its intellectual interest; and the chapters on contract and crime, though relatively short, are largely unaffected by The Wagon Mound.

The Local Government Act of 1888: Its Probable Action on the Treatment of Insanity in England

1892 ◽  
Vol 38 (160) ◽  
pp. 45-50 ◽  
Author(s):  
J. A. Campbell
Keyword(s):  
Local Government ◽  
The Other ◽  
Legal Requirements ◽  
The Future ◽  
The Subject ◽  
The Law ◽  
Personal Feeling

In the remarks which I am about to make I wish it clearly to be understood that, as I personally am not an accounting officer under the Act, I have no personal grievance to ventilate. In this asylum, not only I, but the other officials whose duty it is to make returns of an official nature, have always done so honestly, readily, and fully; and speaking not only for myself, but for others, we have formerly made, and hope in the future to make, all such returns in such a way as to comply with legal requirements, not only in the letter but the spirit of the law. And in such remarks as I make on our audit here, I wish to express myself plainly, but, at the same time, without the slightest suspicion of personal feeling to the auditor, who, I believe, acted conscientiously, and according to what he considered was the meaning of the law on the subject. At the same time, I doubt whether an auditor (in whom no legal or other qualifications are a necessity) is the fittest person to have the decision as to what is legal, expedient, and proper in the expenditure of a large county asylum. At present auditors certainly seem to think that their reading of the Lunacy Act should be accepted, no matter what the opinion of the committee and their legal advisers may be; and by surcharging items, they have it in their power to put committees and officials to such trouble that even if expenditure were proper, right, and in the interests both of the sane and insane inhabitants of asylums, yet one would hesitate about it with the knowledge of the correspondence, trouble, and annoyance which it might entail.

LEGAL ASPECTS OF ORGANIZATION OF SAFE SPIRIT PARTICULAR PARTIES

2018 ◽  
Vol 1 (XVIII) ◽  
pp. 243-253
Author(s):  
ANDRZEJ CICHY
Keyword(s):  
Legal Aspects ◽  
Legal Requirements ◽  
Sports Events ◽  
Whole Process ◽  
The Subject ◽  
The Law ◽  
A Minor ◽  
The Given ◽  
Mass Events

The article describes the legal requirements for the organization of mass sports events, primarily in terms of security. It presents the scope of duties that must be met by the organizer and the requirements concerning his competences, knowledge and experience, as well as the obligations of the participants of the event, that is orders and prohibitions resulting directly from the law on the safety of mass events and regulations of the given facility. The appropriate services were also pointed out, which ensure order and order during such events. In addition, the whole process of staying at the stadium was approximated, i.e. identification of participants, sale of tickets or the issue of entering a match for a minor. The subject of stadium bans was also discussed.

Paul and Onesimus

1929 ◽  
Vol 22 (2) ◽  
pp. 181-183 ◽  
Author(s):  
Erwin R. Goodenough
Keyword(s):  
Legal Obligations ◽  
The Family ◽  
The Subject ◽  
The Law

Recent investigations into the law of fugitives and suppliants in hellenistic Egypt, a law which was based upon the procedure of classic Greece and so was generally like hellenistic law throughout the east, have thrown much light upon the subject, and suggest a reconsideration of the case, of Onesimus and his relations with Paul and Philemon. According to the law of Athens a slave whose life was in danger might flee to an altar and claim sanctuary. The first altar available was frequently the hearth of some private family, with its associations of the family religion. If a refugee rushed into the house and claimed sanctuary, the householder was under legal obligations to give him protection, at least temporarily, while following one of two possible courses. Either he must reconcile the slave to going back to the master, probably by giving the wretch some assurance that the master's wrath was mollified, or, if the slave persisted in refusing to trust himself with the master, the householder was obliged to put the slave up for sale in the market, and pay to the slave's owner the price received. The latter alternative was fraught with serious possibilities for the slave, since in a sale of this kind the circumstances would prejudice prospective buyers against him, and he would probably be purchased only for the roughest sort of service, such as the galleys or the mines. Rather than face such an uncertainty the slave would certainly be glad to go back to the first master if there were any reasonable hope of clemency.

Das Heuerverhältnis nach dem Seearbeitsgesetz 2013

2019 ◽  
Author(s):  
Ricarda Müller
Keyword(s):  
Eu Law ◽  
Level System ◽  
Labour Law ◽  
International Labour Organisation ◽  
Legal Requirements ◽  
The Subject ◽  
Multi Level ◽  
The Law ◽  
Labour Organisation ◽  
International Companies

Maritime labour law is currently changing. In order to meet both the international legal requirements of the Maritime Labour Convention of the International Labour Organisation and the requirements of EU law, the German legislator has recodified maritime labour law. With the Maritime Labour Act 2013, it has attempted to replace the Maritime Labour Act of 1958 with a modern regulation. To what extent the legislator succeeds in balancing the recast of proven contents of the Maritime Labour Act 1958 with the implementation of its obligations under public international and EU law is the subject of this work. The provisions of the law are not only analysed from the perspective of German civil and labour law, but also in the multi-level system of public international and EU law. The author works as a lawyer in the Cologne office of CMS Hasche Sigle and advises national and international companies on labour law issues.

ИЗМЕНЕНИЕ ПАРАДИГМЫ МЕТОДОЛОГИИ ЮРИСПРУДЕНЦИИ

2019 ◽  
Vol 13 ◽  
pp. 32-40
Author(s):  
Ю. М. Оборотов
Keyword(s):  
Legal Theory ◽  
Research Strategy ◽  
The State ◽  
New Paradigm ◽  
Methodological Question ◽  
Modern Development ◽  
Decisive Importance ◽  
The Subject ◽  
Methodological Approaches ◽  
The Law

В современной методологии юриспруденции происходит переход от изучения состо­яний ее объекта, которыми выступают право и государство, к постижению этого объек­та в его изменениях и превращениях. Две подсистемы методологии юриспруденции, подсистема обращенная к состоянию права и государства; и подсистема обращенная к изменениям права и государства, — получают свое отображение в концептуальной форме, методологических подходах, методах, специфических понятиях. Показательны перемены в содержании методологии юриспруденции, где определяю­щее значение имеют методологические подходы, определяющие стратегию исследова­тельских поисков во взаимосвязи юриспруденции с правом и государством. Среди наи­более характерных подходов антропологический, аксиологический, цивилизационный, синергетический и герменевтический — определяют плюралистичность современной методологии и свидетельствуют о становлении новой парадигмы методологии юриспру­денции.   In modern methodology of jurisprudence there is a transition from the study the states of its object to its comprehension in changes and transformations. Hence the two subsystems of methodology of jurisprudence: subsystem facing the states of the law and the state as well as their components and aspects; and subsystem facing the changes of the law and the state in general and their constituents. These subsystems of methodology of jurisprudence receive its reflection in conceptual form, methodological approaches, methods, specific concepts. Methodology of jurisprudence should not be restricted to the methodology of legal theory. In this regard, it is an important methodological question about subject of jurisprudence. It is proposed to consider the subject of jurisprudence as complex, covering both the law and the state in their specificity, interaction and integrity. Indicative changes in the content methodology of jurisprudence are the usage of decisive importance methodological approaches that govern research strategy searches in conjunction with the law and the state. Among the most characteristic of modern development approaches: anthropological, axiological, civilization, synergistic and hermeneutic. Modern methodology of jurisprudence is pluralistic in nature alleging various approaches to the law and the state. Marked approaches allow the formation of a new paradigm methodology of jurisprudence.

Without the Power to Drink or Contract

2020 ◽  
Vol 24 (1) ◽  
pp. 26-48
Author(s):  
Warren Swain
Keyword(s):  
Alcohol Consumption ◽  
Social Activity ◽  
Individual Responsibility ◽  
Roman Law ◽  
Current Position ◽  
Modern Times ◽  
The Will ◽  
The Subject ◽  
The Law ◽  
Over Time

Intoxication as a ground to set aside a contract is not something that has proved to be easy for the law to regulate. This is perhaps not very surprising. Intoxication is a temporary condition of varying degrees of magnitude. Its presence does however raise questions of contractual autonomy and individual responsibility. Alcohol consumption is a common social activity and perceptions of intoxication and especially alcoholism have changed over time. Roman law is surprisingly quiet on the subject. In modern times the rules about intoxicated contracting in Scottish and English law is very similar. Rather more interestingly the law in these two jurisdictions has reached the current position in slightly different ways. This history can be traced through English Equity, the works of the Scottish Institutional writers, the rise of the Will Theory, and all leavened with a dose of judicial pragmatism.

Human Rights Activities as a Function of the Prosecutor’s Office

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
Main Function ◽  
Federal Law ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.

The Laws of Hammurabi

2020 ◽  
Author(s):  
Pamela Barmash
Keyword(s):  
Eighteenth Century ◽  
Roman Law ◽  
Intellectual Culture ◽  
Biblical Law ◽  
Intellectual Tradition ◽  
Legal Principles ◽  
Copernican Revolution ◽  
The Subject ◽  
The Law

The Laws of Hammurabi is one of the earliest law codes, dating from the eighteenth century BCE Mesopotamia (ancient Iraq). It is the culmination of a tradition in which scribes would demonstrate their legal flair by composing statutes on a repertoire of traditional cases, articulating what they deemed just and fair. The book describes how the scribe of the Laws of Hammurabi advanced beyond earlier scribes in composing statutes that manifest systematization and implicit legal principles. The scribe inserted the statutes into the structure of a royal inscription, skillfully reshaping the genre. This approach allowed the king to use the law code to demonstrate that Hammurabi had fulfilled the mandate to guarantee justice enjoined upon him by the gods, affirming his authority as king. This tradition of scribal improvisation on a set of traditional cases continued outside of Mesopotamia, influencing biblical law and the law of the Hittite Empire and perhaps shaping Greek and Roman law. The Laws of Hammurabi is also a witness to the start of another stream of intellectual tradition. It became a classic text and the subject of formal commentaries, marking a Copernican revolution in intellectual culture.

On the Legitimacy of Expectations

2018 ◽  
Author(s):  
Alexander Brown
Keyword(s):  
Basic Structure ◽  
Legitimate Authority ◽  
Complex Theory ◽  
Role Responsibility ◽  
Administrative Agencies ◽  
Substantive Justice ◽  
The Subject ◽  
The Law

Section I identifies the weaknesses in existing accounts which locate the legitimacy of expectations in underpinning laws and legal entitlements (the Law-Based Account), in the substantive justice of expectations and/or the justice of the basic structure which forms the background to expectations (the Justice-Based Account), or in the legitimacy of the governing agencies and political authorities whose acts and omissions are both the cause and the subject of expectations (the Legitimate Authority-Based Account). Section II introduces a rival account, the Responsibility-Based Account, according to which the legitimacy of expectations depends on the responsibility of governmental administrative agencies for bringing about agent’s expectations, allied to those agencies already having been given or having assumed a role responsibility for making binding decisions affecting the important interests of agents. Finally, Section III expounds in more detail the complex theory of responsibility that undergirds the Responsibility-Based Account.

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