Bordering by Law

2017 ◽  
Author(s):  
Judith Resnik
Keyword(s):  
The Other ◽  
Border Crossings ◽  
Government Service ◽  
Legal Rules ◽  
Literature Mapping

Law is filled with segmented narratives. The literature mapping the illegalization of the migration of peoples does not reference that many borders have become readily traversable, if not invisible, through the internationalization of mail services by cooperative government efforts. This chapter links these domains not to equate the migration of persons with the movement of objects but rather to clarify how reliant on border crossings we are. The argument is that depending on borders as justifications for legal rules deflects attention from two major shifts during the last two centuries: one imagining the globe as a “single postal territory” and the other turning migration into a crime. In pursuit of both, governments expanded their capacities as providers of services—from forwarding mail to patrolling borders. The aim is to probe whether states’ coordination to facilitate movements of persons seeking to cross boundaries could become a taken-for-granted government service, akin to state-subsidized interjurisdictional, cooperative postal systems.

Private property, public access and occupiers’ liability

Legal Studies ◽  
1995 ◽  
Vol 15 (3) ◽  
pp. 335-355
Author(s):  
FR Barker ◽  
NDM Parry
Keyword(s):  
Legal System ◽  
Private Property ◽  
Good Deal ◽  
Public Access ◽  
The Other ◽  
Legal Responsibility ◽  
Policy Preference ◽  
Duty Of Care ◽  
Liability Rules ◽  
Legal Rules

There is nothing new about legal rules which provide that a person who is in control of land owes a duty of care to entrants thereto. These occupiers’ liability rules are often seen as something primarily to do with tort, but their content and substance are also likely to reveal a good deal about the ‘property policy’ of the legal system in question, in the sense that they will indicate the respective weight and importance attachkd to various kinds of competing claim over land. A legal system containing rules that restrict the circumstances in which those with individual, controlling claims over land owe a duty of care to other persons entering that land would appear to indicate a policy preference for supporting and protecting ‘private property’ claims to land above others. On the other hand, a system which imposes on those controlling land a greater degree of legal responsibility for persons entering thereon may be one based on a policy of recognising, protecting and supporting a range of claims in land beyond those of a narrow, private nature.

scholarly journals Conceptual model of the ferry que management system in ferry ports in the Republic of Croatia

Pomorstvo ◽  
2020 ◽  
Vol 34 (2) ◽  
pp. 354-362
Author(s):  
Dino Županović ◽  
Luka Grbić ◽  
Marijan Cukrov
Keyword(s):  
Information Technology ◽  
Conceptual Model ◽  
Management System ◽  
Supply And Demand ◽  
The Other ◽  
Border Crossings ◽  
Local Approach ◽  
Traffic Demand ◽  
Macroscopic Level ◽  
The Republic

This paper proposes a model for optimizing the ferry traffic and the traffic demand at the macroscopic level by using information technology (IT) and the existing tourist amenities as a key element for achieving harmonization of supply and demand, i.e. optimization of the assessed system. Proposed approach differs from the other/present models because it includes the application of the macroscopic, instead of the microscopic (local) approach, i.e. harmonization of the ferry infrastructure demand from the place of its origin (road border crossings) to the place of its operation, i.e. the ferry infrastructure, and not solely in particular segments of the ferry infrastructure.

scholarly journals Epistemic Disobedience and Decolonial Healing in Norma Elía Cantú’s Canícula

2015 ◽  
Vol 50 (2-3) ◽  
pp. 63-80
Author(s):  
Małgorzata Poks
Keyword(s):  
Social Space ◽  
Political Context ◽  
The Other ◽  
Border Crossings ◽  
Growing Up ◽  
Border Community ◽  
Line Splitting ◽  
Southern Side ◽  
The One ◽  
The U.S

Abstract Using the U.S.-Mexican border as the place of enunciation, Cantú’s autoethnobiographical novel insists on the materiality of the border, especially for those living on its southern side, while simultaneously deconstructing it as artificial - a line splitting families and assigning nationalities on an arbitrary basis. Being a collage of photographs from the time the writer was growing up in southern Texas and the cuentos inspired by these visuals, Cantú’s Canícula documents how border crossings and re-crossings become symptomatic of living in a liminal space and how they destabilize the concept of nationality as bi-national families must learn to live with ambiguity. On the one hand, there is the undeniable materiality of the border, with its pain, fear, deportations, and other discriminatory practices; on the other, there is a growing border community of resistance cultivating the memory that they are not immigrants, that they lived in Texas before the Guadalupe-Hidalgo treaty. The paper examines the community’s strategies of survival in the contested cultural and social space and advances the thesis that, giving her community an awareness of its homogeneity and reclaiming its place within the larger socio-political context, Cantú becomes an agent of empowerment and change. She helps decolonize knowledge and being.

The Neo-Behavioral Approach to the Judicial Process: A Critique

1963 ◽  
Vol 57 (3) ◽  
pp. 593-603 ◽  
Author(s):  
Wallace Mendelson
Keyword(s):  
Legal System ◽  
The Other ◽  
Behavioral Approach ◽  
Lower Court ◽  
Judicial Process ◽  
Legal Rules ◽  
Court Judge ◽  
Good Medicine ◽  
The Law ◽  
The Times

A generation ago “legal realists” led by Jerome Frank and Karl Llewellyn dismissed law as a myth—a function of what judges had for breakfast. The important thing, they insisted, was what a court did, not what it said. No doubt this was good medicine for the times. Yet, however broad Frank's 1930 language, later on the bench he loyally acknowledged the compulsive force of legal rules. As a lower court judge, he decided cases in accordance with what he found the law to be—and on occasion he made clear in addenda what he thought it ought to be.Llewellyn, too, changed his mind. In 1934 he had said, “The theory that rules decide cases seems for a century to have fooled, not only library-ridden recluses, but judges.” Seventeen years later he confessed that his earlier behavioral descriptions of law contained “unhappy words when not more fully developed, and they are plainly at best a very partial statement of the whole truth.”In short, after their initial enthusiasm, these and other legal realists recognized that there is and must be law in the judicial process, as well as discretion. This was inevitable, for society can no more dispense with order and coherence than it can deny the demands of changing circumstance. We must have stability, yet we cannot stand still; and so the legal system inevitably has both static and dynamic qualities. Holmes put it in a thimble: “The … law is always approaching, and never reaching, consistency. It is forever adopting new principles from life at one end, and it always retains old ones from history at the other, which have not been absorbed or sloughed off. It will become entirely consistent only when it ceases to grow.”

4. Constitution

2020 ◽  
pp. 43-60
Author(s):  
Iain McDonald ◽  
Anne Street
Keyword(s):  
General Principle ◽  
The Other ◽  
Essential Information ◽  
Legal Rules ◽  
Different Types

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. When a person transfers legal title to another, the legal title is said to vest in the other person. This chapter considers the rules for the transfer of title (ownership) in property in relation to different types of property. The general principle is that unless the property has been transferred by the correct legal rules then the transfer fails; it is said to be imperfect. The chapter begins by briefly considering the legal rules in relation to validly transferring property to another person. It then deals with equitable rules which have developed to overcome the strict application of the legal rules of vesting.

scholarly journals Deontic Logics as Axiomatic Extensions of First-Order Predicate Logic: An Approach Inspired by Wolniewicz’s Formal Ontology of Situations

Axioms ◽  
2019 ◽  
Vol 8 (4) ◽  
pp. 109 ◽  
Author(s):  
Malec
Keyword(s):  
Deontic Logic ◽  
Predicate Logic ◽  
The Other ◽  
Choice Situation ◽  
Formal Ontology ◽  
Legal Rules ◽  
First Order ◽  
The Third ◽  
Other Hand ◽  
First Order Predicate Logic

The aim of this article is to present a method of creating deontic logics as axiomatic theories built on first-order predicate logic with identity. In the article, these theories are constructed as theories of legal events or as theories of acts. Legal events are understood as sequences (strings) of elementary situations in Wolniewicz′s sense. On the other hand, acts are understood as two-element legal events: the first element of a sequence is a choice situation (a situation that will be changed by an act), and the second element of this sequence is a chosen situation (a situation that arises as a result of that act). In this approach, legal rules (i.e., orders, bans, permits) are treated as sets of legal events. The article presents four deontic systems for legal events: AEP, AEPF, AEPOF, AEPOFI. In the first system, all legal events are permitted; in the second, they are permitted or forbidden; in the third, they are permitted, ordered or forbidden; and in the fourth, they are permitted, ordered, forbidden or irrelevant. Then, we present a deontic logic for acts (AAPOF), in which every act is permitted, ordered or forbidden. The theorems of this logic reflect deontic relations between acts as well as between acts and their parts. The direct inspiration to develop the approach presented in the article was the book Ontology of Situations by Boguslaw Wolniewicz, and indirectly, Wittgenstein’s Tractatus Logico-Philosophicus.

Legal Diversity in the Age of Taqlid: the Four Chief Qadis Under the Mamluks

2003 ◽  
Vol 10 (2) ◽  
pp. 210-228 ◽  
Author(s):  
Yossef Rapoport
Keyword(s):  
Legal System ◽  
Turning Point ◽  
Judicial System ◽  
The Other ◽  
Legal Rules ◽  
Other Hand ◽  
History Of ◽  
School Affiliation

Sultan Baybars' decision to appoint four Chief Qādīs , one from each of the Sunni schools of law, has long been recognized as a turning point in the history of the madhhabs. To date, historians have explained this decision only in political or ideological terms, paying little attention to its implications for the judicial system. Here I argue that the purpose of the new quadruple structure of the judiciary was two-fold: to create a uniform but at the same time flexible legal system. The need for predictable and stable legal rules was addressed by limiting qādīs' discretion and promoting taqlīd , i.e., adherence to established school doctrine. The establishment of Chief Qādīs from the four schools of law, on the other hand, allowed for flexibility and prevented the legal system from becoming too rigid. The quadruple judiciary enabled litigants, regardless of personal school affiliation, to choose from the doctrines of the four schools.

scholarly journals Prison Leave in Finland: Legal and Empirical Fundamentals of an Established Practice

2019 ◽  
Vol 26 (2) ◽  
pp. 177-193 ◽  
Author(s):  
A. Keinänen ◽  
M. Kilpeläinen ◽  
J. Pajuoja ◽  
S. Tyni
Keyword(s):  
Common Ground ◽  
Application Rate ◽  
Common Type ◽  
The Other ◽  
Prison Sentence ◽  
Negative Effects ◽  
Legal Rules ◽  
Criminal Sanctions ◽  
The Past

AbstractPrison leave was introduced into the Finnish legal system in 1971, with the aim to reduce negative effects of institutionalization and disadvantages caused by the length of the prison sentence. After the total reform of prison legislation in 2006, the role of the prison leave has become even more central; the number of prisoners has decreased, but the amount of prison leave has increased. Historically, the length of the sentence has been the most common ground for prison leave. A prisoner can be granted a prison leave when two thirds of the prison term has been served, for example, after 2 years if the length of the total sentence served in prison is 3 years. However, during the past 10 years, prison leave based on an important reason has grown into the most common type of prison leave. This indicates a structural change from the rigid legal rules to a more flexible practice. In 2018, there were about 17,000 prison leave applications, and over 13,000 of those were granted, i.e. 79%. The conditions were breached 466 times, which is 3.5% of all prison leaves. The most common breaches of prison leave conditions were returning from a prison leave after the set time limit or under the influence of alcohol or drugs. The majority of prison leave applications are decided in the prisons. On the other hand, for example, the decision on the prison leave of a life-sentenced prisoner is made by the Criminal Sanctions Agency. There have been significant differences in the probability of granting prison leave, which are emphasized especially in the practices of closed prisons. Among those prisoners who serve longer than 1 year in prison, the application rate of prison leave rises over 90%. For the sentences under 3 months, it is less than 20%.

Border Crossings: Two Installations by Chantal Akerman

Images ◽  
2007 ◽  
Vol 1 (1) ◽  
pp. 80-89 ◽  
Author(s):  
Bruce Jenkins
Keyword(s):  
The Other ◽  
Significant Shift ◽  
Border Crossings ◽  
Feature Film ◽  
Monitor Display ◽  
Interdisciplinary Practice ◽  
The Holocaust ◽  
Chantal Akerman ◽  
Polish Jews ◽  
Film And Video

AbstractBruce Jenkins' essay examines the critical and theoretical grounds for artist and filmmaker Chantal Akerman's interventions both within the cinema and within the space of the gallery. The curatorial perspective posed by Documenta 11 and its focus on "diasporic consciousness" forms the basis for examining Akerman's work through the lens of her experience as the daughter of Holocaust survivors—displaced Polish Jews who ended up in Belgium. Part of what she has called the generation for which the repressed returns, Akerman began to focus on this past in her 1989 feature film Histoires d'Amérique, a loose adaptation of the stories of Isaac Bashevis Singer.Central to the analysis is her 1995 installation Bordering on Fiction, a work noted for its distinctive mode of interdisciplinary practice bridging film and video, projection and monitor display, the darkened hall of the cinema and the white cube of the gallery. Akerman's concerns with finding "other strategies" for dealing with the Holocaust are examined, as is the lucid analysis of her work by the artist Christian Boltanski.The essay lastly examines Akerman's recent film and installation From the Other Side (shown at Documenta 11), which represents a significant shift in perspective and tense. While Bordering on Fiction was a retrospective work searching for a lost past that could be captured only through absences and silence, From the Other Side, by contrast, focuses on the present and unfolds in a manner bordering on reportage.

scholarly journals Guilty of not doing that!

2020 ◽  
Vol 4 (2) ◽  
pp. 71-80
Author(s):  
Marco Mazzocca
Keyword(s):  
The Other ◽  
Negative Events ◽  
Causal Explanations ◽  
Legal Rules ◽  
Excellent Starting Point ◽  
Starting Point ◽  
Ancient Times

Since ancient times, many legal constructions regarding blame or responsibility require subjects to be deemed accountable for their actions as well as for their omissions. The primary purpose of this work is to account for some legal and philosophical issues regarding the so-called negative events (i.e., events that have not occurred) through the development of two simple ideas. The first idea is to consider that, in most cases, a negative event is simply a normal positive event described negatively. The other idea is to distinguish the causal explanations of an event from the causal reports of an event. In this sense, it is shown how these two ideas not only clarify some fundamental philosophical issues, but they are also an excellent starting point for the interpretation and the application of some legal rules concerning omission.

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