scholarly journals Laws on Approval of Program-goal Documents: Genre Approach

2020 ◽  
Vol 28 (4) ◽  
pp. 263-277
Author(s):  
Marina Vladimirovna Batyushkina ◽  

The article presents the results of a study of the functional, formal and substantive features of the texts of Russian laws, which approve program-goal docments (development strategies, concepts, programs, forecast plans, etc.). The article is based on discourse and genre approaches to the study of legislative texts, the legislative text space as a whole. It is noted that, on the one hand, this type of laws reflects the general features of modeling and transроforming of modern legal discourse; reproduces the institutional aspects of the legislative process; broadcasts legislative intentions, strategies and tactics. On the other hand, laws that approve documents of a program-goal nature have distinctive characteristics that allow defining these laws as a separate subgenre type. The subgenre of law is defined by the author on the basis of the following parameters: (1) intention of the uthor; (2) the purpose and functions of the law; (3) the factor of the subject of legal discourse (author/addressee of the law); (4) spatio-temporal and other circumstantially determining characteristics reflected in the text of the law explicitly or implicitly (who adopted and signed the law, during which period and in which territory it is applied, etc.); (5) type of institutional action; (6) the institutional status of the law within the system of laws; (7) subject-thematic “radius” of the text; (8) formal segmentation of text; (9) features of the correlation of functional semantic types of speech; (10) degree of uniformity, subgenre markers and clichés. The formal and informative structures of program-approving laws are analyzed on the basis of the fol-lowing segments: pretext and post-text details, intra-text components, post-text application (approved document). These segments are analyzed from various points of view: obligation, localization, combinatorics, unification, etc. When conducting research, special attention is paid to structural, typological, comparative and other types of analyzes.

2020 ◽  
Vol 9 (26) ◽  
pp. 174-180
Author(s):  
Oleg Volodymyrovych Martselyak ◽  
Vladyslav Volodymyrovych Karelin ◽  
Ihor Mykhailovych Koropatnik ◽  
Rostislav Andriyovych Kalyuzhnyi

The purpose of the article is to investigate the specifics of the object and subject of staffing of the National Police of Ukraine at the regional level based on scientific points of view and regulatory legal acts. Writing the article, the following methods were used: dialectical, logical-semantic, and logical-legal methods. The relevance of the article is in the need to study the essence of the object and subject of staffing of the National Police at the regional level. The subject of the study is the legislation of Ukraine regarding the requirements for a police officer as an object of the police staffing, including at the regional level. The features of object and subject of the police staffing at the regional level are identified in the paper, as well as the restrictions that are currently placed upon the police officer on recruitment. The guarantees, determined by the law and which the police officer can use during the performance of official duties, are analyzed. The legislative requirements for candidates for senior posts are examined. The powers of the head of the territorial police authority are administrative and regulatory in nature, as evidenced by their rights and obligations. The authors concluded that the service in the National Police at the regional level is specific, requires professionalism and compliance with the law, which underlines the urgent need to strengthen staffing in this area. In addition, the author’s opinion of the concepts of the object and subject of staffing of the National Police of Ukraine at the regional level is provided due to the results of the study.


2021 ◽  
Vol 1 (91) ◽  
pp. 69-79
Author(s):  
Aleksandrs Baikovs

The paper deals with the category of "values", the Rights as a value, and fundamental values of law; including freedom, justice, and equality have been analyzed.The relevance of the research is determined not only by the apparent lack of exploration of the problem but also by the fact that the value of rights and legal values determine direction and meaning, as well as the content of the rules of law, which is their normative expression, and, ultimately, appearing as a kind of basis for the legal culture, the source of the formation of the legal consciousness and establishing legal order, ensuring the efficiency of legal regulation due to the using the embodiment in reality of freedom, justice, equality.Legal norms themselves acquire the importance of values and become the subject of evaluation. Among values themselves, which act as an ideal justification of law rules, the law rules themselves and assessments, on the one hand, there are not only close ties but also mutual transitions. Therefore, both their interrelated explanations and differentiation are necessary.


2020 ◽  
Vol 1 (2) ◽  
pp. 105-112
Author(s):  
Noor Fajari Rofiq

Cases of prostitution as the subject of commercial sex workers (Pekerja Sex Komersial) and sex service users until now are free to undergo without the threat of punishment. Until now, there has been no rule that can punish prostitutes or prostitutes and their customers .then there needs to be a legal reconstruction to achieve a responsive law then need to reform the law to achieve the law in the goal. This research aimed to know and understand the Construction of Prostitution Crimes in the Criminal Code, and The Penal Code Bill is associated with Religious Norms. And Know and understand the Construction of Formulation of Prostitution Crimes that are Ideal and in line with religious norms for Indonesian society, as for normative juridical research methods. The approach used in this writing is a statutory approach or (statute approach) and the analytical and conceptual approach analysis of legal concepts. The results show that it is necessary to explore the concept of philosophical, sociological, and juridical basic values that the state to have legal certainty in society in the Criminal War draft stage. So digging into the philosophical value of the 1st  Pancasila,  The One Godhead (Ketuhanan yang Maha Esa), the five religions apply in Indonesia, including Islam, Christianity, Catholicism, Hindu, Buddha, and Confucian has asserted that the practice of prostitution is legally prohibited.


Author(s):  
James Marson ◽  
Katy Ferris

Business Law provides an introduction to the subject. Packed with up-to-date and relevant examples, it demonstrates the real applicability of the law to the business world. The book contains a number of parts. After an introduction about studying the law, the first part covers the English legal system, the constitution, EU law, and human rights. This comprises important issues including statutory interpretation and the legislative process, and court structures. The next part considers contractual obligations. Here terms, contractual capacity, mistake, misrepresentation, duress, contractual terms, regulations, and remedies for breach are included. It continues with tortious liability and describes issues of negligence, nuisance, economic loss, psychiatric injury, and statutory duties. This is followed by an examination of company law. The part that comes next is about employment. Finally, intellectual property issues are considered.


Author(s):  
G. A. Cohen

This chapter comments on Christine Korsgaard's views on reason, humanity, and moral law in the context of her ethics. In particular, it examines Korsgaard's response to the question inspired by Thomas Hobbes' second argument, the one about the sovereign: how can the subject be responsible to a law that it makes and can therefore unmake? Korsgaard's ethics descends from Immanuel Kant, but it contrasts in important ways with Kant's ethics. Korsgaard's subject is unequivocally the author of the law that binds it, for its law is the law of its practical identity, and the subject itself “constructs” that identity. In the case of the Kantian subject, we can say that it both is and is not the author of the law that binds it. The chapter considers Korsgaard's claim that morality is grounded in human nature, along with her position on the problem of normativity and on obligation.


1982 ◽  
Vol 56 (1) ◽  
pp. 1-15 ◽  
Author(s):  
Wilson D. Miscamble

No American presidency in this century has inspired quite so much controversy as the turbulent administration of Franklin D. Roosevelt. Even now, on the one-hundreth anniversary of his birth, and nearly fifty years after the coming of the New Deal, the contentious debates sparked during his four terms as chief executive are no less the subject of argument among historians than they were among the adversaries of the day. One issue in point is the question of antitrust, particularly the principles and practices of Thurman Arnold, who headed the Antitrust Division of the Justice Department during the later stages of the New Deal. While this essay will hardly resolve the contumacious debates over the policies of either Arnold or Roosevelt, Dr. Miscamble nonetheless offers some surprising, but persuasive, evidence about the internal workings of the administration, the antitrust philosophy of Roosevelt, and the remarkable practices of Arnold, the law professor turned antimonopolist.


Author(s):  
Massimo Meccarelli

DIREITO JURISPRUDENCIAL E AUTONOMIA DO DIREITO NAS ESTRATÉGIAS DISCURSIVAS DA CIÊNCIA JURÍDICA ENTRE OS OITOCENTOS E OS NOVECENTOS* CASE LAW AND AUTONOMY OF THE LAW ON THE DISCURSIVE STRATEGIES OF JURISPRUDENCE BETWEEN THE NINETEENTH AND TWENTIETH CENTURIES DIRITTO GIURISPRUDENZIALE E AUTONOMIA DEL DIRITTO NELLE STRATEGIE DISCORSIVE DELLA SCIENZA GIURIDICA TRA OTTO E NOVECENTO Massimo Meccarelli** RESUMO: No curso dos dois séculos nos quais os regimes jurídicos da legalidade encontraram desenvolvimento, frequentemente ressurgiam questões relativas às relações entre direito e sociedade, ao grau de ancoramento às opções do legislador e ao valor sistemático a se reconhecer ao fator jurisprudencial. O advento do primado da lei colocou o problema de sua sustentabilidade. O objetivo destas páginas é seguir alguns itinerários teóricos oitocentistas e novecentistas sobre como conceber, por meio da jurisprudência, dinâmicas de manifestação do direito autônomas da mediação do poder político. O tema tem uma sua relevância também para uma compreensão da fase atual; nessa, de fato, como se procurará demonstrar, parece se delinear um horizonte diverso de sentido para a autonomia do direito em respeito aquele passado recente. Proceder-se-á considerando as percepções doutrinais de duas questões correlatas: as características da interpretação do direito por um lado e os perfis sistemáticos da jurisdição do outro. PALAVRAS-CHAVE: Ciência jurídica oitocentista e novecentista. Primado da Lei. Autonomia do Direito. Interpretação do direito. Perfis sistemáticos da jurisdição. RIASSUNTO: Nel corso dei due secoli in cui i regimi giuridici della legalità hanno trovato svolgimento sono spesso tornate a proporsi le questioni relative al rapporto tra diritto e società, al grado di ancoraggio alle opzioni del legislatore e al valore sistematico da riconoscere al fattore giurisprudenziale. L’avvento del primato della legge ha posto il problema della sua sostenibilità. Intento di queste pagine è seguire alcuni itinerari teorici otto-novecenteschi sul come concepire, tramite la giurisprudenza, dinamiche di manifestazione del diritto autonome dalla mediazione del potere politico. Il tema ha una sua rilevanza anche per una comprensione della fase attuale; in essa infatti, come si cercherà di mostrare, sembra delinearsi un diverso orizzonte di senso per l’autonomia del diritto rispetto a quel passato recente. Si procederà considerando le percezioni dottrinali di due questioni correlate: i caratteri dell’interpretazione del diritto da un lato e i profili sistematici della giurisdizione dall’altro. PAROLE-CHIAVE: Scienza giuridica otto-novecentesca. Primato della legge. Autonomia del diritto. Interpretazione del diritto. Profili sistematici della giurisdizione. ABSTRACT: In the span of the two centuries in which the legal regimes of legality found development, it often resurfaced the issues related to the relations between law and society, to the degree of anchorage to the lawmaker choices, and to the systematic value to be recognized to the case law factor. The advent of the primacy of law has placed the issue of its sustainability. The purpose of these pages is to follow some theoretical itineraries from the Nineteenth and Twentieth Centuries about how to conceive, through case law, a dynamics of law’s manifestation autonomous from political power mediation. The subject has its own relevance for an understanding of the current phase; on this, in fact, as I will seek to demonstrate, it seems to draw a diverse horizon of sense to the Law's autonomy compared to the recent past. I shall proceed by considering the doctrinal perceptions of two correlate questions: the characteristics of law's interpretation on the one hand, and the systematic profiles of jurisdiction on the other. KEYWORDS: Nineteenth and Twentieth Centuries jurisprudence; primacy of the law; autonomy of the law; interpretation of the law; systematic profiles of jurisdiction.* Publicação original: MECCARELLI, Massimo. Diritto giurisprudenziale e autonomia del diritto nelle strategie discorsive della scienza giuridica tra Otto e Novecento. Quaderni fiorentini per la storia del pensiero giuridico moderno, XL, pp. 721-745, 2011. Tradução de Régis João Nodari, mestrando em Direito pela Universidade Federal do Rio Grande do Sul (UFRGS), com a autorização do autor.** Jurista e Historiador do direito. Professor da Universidade de Macerata. Coordenador da disciplina de História do Direito na Universidade de Macerata, Itália. Pesquisador associado no Max-Planck-Institut für europäische Rechtsgeschichte (MPIeR), Alemanha.


Author(s):  
Andriy Drishliuk ◽  
Yurii Orzikh

Relevant problems of the practice of application of law and permanent process of improvement of the Ukrainian legislation are examined in this article. In particular authors stress on contradiction between process of the permanent improvement of the legislation and sustainability, predictability and legal certainty as principles of legal system. On the one hand, constant reforming of the legislation of Ukraine does not give possibility for subjects of law to create stable legal relations, which are regulated in a predictable way. On the other hand, legislation of Ukraine must be actual and even few “step ahead” the actual situation in Ukraine. It must give necessary methods, tools and legal instruments, which regulate relations between subjects of law. Described judicial and notarial practical cases show in what way flexibility of the legislation could be provided in conditions of the ongoing changes. Authors consider that qualified and high-quality application of the current legislation by the subjects of application of law gives possibility to provide flexibility of the legislation. Such application of law is done by subjects applying the law, although their actions are not directly provided for by the legislation, but they are not prohibited either. Essential principle of such application of law must be the whole tendency to create those legal consequences of the application of law which will not lead to the direct infringement of somebodies rights and interests within the process of application of law. Illustrated lawsuit and case of notarial practice show how exactly interpretative mechanism and analogy as a tool of the subject applying the law help to avoid infringements of rights and interests of heirs of the deceased person. Keywords: application of law, improvement of the legislation, notary, judge, court and notarial practice.


2019 ◽  
Vol 13 (1) ◽  
pp. 50-53
Author(s):  
S. A. Borovikov ◽  

The subject of consideration of this paper is the study of the purposes of punishment enshrined in article 43 of the Criminal Code of the Russian Federation. Attention is drawn to the similarities and differences in the approaches used to determining the purpose of criminal punishment in the laws of different countries and historical periods, the need for a critical assessment of the existing legislative decision. In the course of a comparative analysis the conclusion is formulated that the current version of the purposes of punishment in criminal law is overly broad, which creates the illusion of its achievement and in some cases the competition of its parts among themselves. So the first of those mentioned in article 43 of the Criminal Code of the Russian Federation the purpose of restoring social justice is a quality that should be inherent in punishment. The second of the purposes stated in the law – the correction of the convict – is one of several ways to achieve it. However the very purpose of the punishment is not to correct the convict. The third of these purposes – the prevention of crimes – is most consistent with the purpose of punishment, but it is quite lengthy and requires clarification. In addition it does not contain a clear focus on a person who can or has committed a crime. According to the results of the analysis it is proposed to carry out an adjustment of the purposes of criminal punishment in the law. The purpose of punishment should be one and have a common focus. In this regard it is proposed to define as the purpose of punishment – retention persons from committing crimes. The single and understandable purpose of punishment on the one hand will be a clear guideline in constructing the type and size of both the main and additional punishments in the sanctions of the articles of the Special Part, and on the other will allow the courts to choose the punishment that most corresponds to the intended result.


2014 ◽  
Vol 38 (2) ◽  
pp. 405-452
Author(s):  
Roderick A. Macdonald

In orthodox theory, the law of property is held to be fundamentally about the identification and protection of rights in things (corporeal property), assumed to be finite in space and infinite in time. But modern economies undermine the explanatory power of this orthodoxy four ways. First, the space of property can no longer be easily fixed once and for all. This is especially the case for incorporeals but is also true of corporeals. Second, the time of property is now understood differently. The past distinction between fruits and products has been questioned with the recognition that fruits, like products, can also diminish capital value. Third, the close association of fruits and revenues is becoming untenable. Many types of revenue actually represent the price of a partial alienation and can, consequently, be considered proceeds. Finally, developments both material (like genetic engineering) and intellectual (like moral rights) challenge the idea of property as a thing to use. While the theory of property in Book IV of the C.C.Q. continues to reflect traditional spatio-temporal assumptions, the law of secured transactions in Book VI rests on an alternative vision of property as value. This essay deploys a detailed analysis of the idea of fruits to illustrate how today the Civil Code balances distinctions between fruits, products and accessions (property as thing) on the one hand and between revenues, capital and proceeds (property as value) on the other.


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