scholarly journals Selected Aspects of Human Life in Civil and Criminal Law

2021 ◽  
Author(s):  
Yener Ünver
Keyword(s):  
Criminal Law ◽  
Human Life ◽  
Social Groups ◽  
Case Law ◽  
International Regulation ◽  
Relevant Case ◽  
Honour Killing ◽  
Insight Into

The scientific monograph 'Selected aspects of human life in civil and criminal law' comprises ten contributions. The authors analyse various aspects of the meaning of human life in the light of selected topics in civil and criminal law. The Slovenian and Turkish authors, aware of the importance and sensitivity of the overarching theme of the scientific monograph, provide an analysis of selected pressing topics (e.g. honour killing, disinheritance, crimes against life and limb, vulnerability of certain social groups (elder persons)) in the light of both national, as well as of international regulation and relevant case-law. The scientific monograph thus provides the reader with an insight into historical, current and future aspects of human life.

14. Further offences under the Theft Acts

2021 ◽  
pp. 589-620
Author(s):  
Michael J. Allen ◽  
Ian Edwards
Keyword(s):  
Criminal Law ◽  
Case Law ◽  
Sentencing Guidelines ◽  
Offensive Weapon ◽  
Relevant Case ◽  
Three Strikes ◽  
The Law ◽  
Key Terms ◽  
Mandatory Sentence ◽  
Stolen Goods

Course-focused and contextual, Criminal Law provides a succinct overview of the key areas on the law curriculum balanced with thought-provoking contextual discussion. This chapter discusses the several offences in the Theft Acts 1968 and 1978, including: making off without payment; burglary (including discussion of the key terms ‘entry as a trespasser’, ‘building’, and the ulterior offences); aggravated burglary (burglary committed when the person has with them a firearm or imitation firearm, or offensive weapon); blackmail; handling stolen goods; and dishonestly retaining a wrongful credit. The feature ‘The law in context’ feature examines how burglars are sentenced, including the applicable sentencing guidelines, the evolution of relevant case law, and the ‘three strikes and you’re out’ mandatory sentence.

Inequality, Victimhood, and Redress

2020 ◽  
Author(s):  
Rita Kesselring
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
South African ◽  
Human Life ◽  
Social Groups ◽  
Case Law ◽  
Federal Courts ◽  
Legal Norms ◽  
The Law ◽  
Do So

In relation to inequality, the law is ambivalent. Legal norms can be used to create or formalize differences in a society, but social groups can also use legal norms in their attempts to attenuate inequality. This contribution differentiates three ways in which law can affect structures of inequality: legislation, case law, and law enforcement, and law’s discursive forms and legal practices. It focuses on the latter, or what Bourdieu calls ‘the force of law’, at the level of lived reality. To do so, it examines the apartheid litigations where South African victims of human rights violations turned to U.S. federal courts to seek redress, and shows how, in that pursuit, new forms of inequalities were produced. As the law needs to valuate life, the evaluation of human life poses the danger of producing new disparities. Recourse to the law can, however, also be emancipatory for the injured. Both effects—emancipation from and cementation of inequalities—have societal rather than mere technical causes.

PRINCIPLE OF AUTONOMY IN LETTER OF CREDIT: MALAYSIAN PRACTICE

2012 ◽  
Vol 19 (2) ◽  
Author(s):  
Rosmawani Che Hashim ◽  
Ahmad Azam Othman ◽  
Akhtarzaite Abdul Aziz
Keyword(s):  
International Trade ◽  
Significant Role ◽  
Case Law ◽  
Huge Amount ◽  
Letter Of Credit ◽  
Relevant Case ◽  
Method Of Payment ◽  
Almost All

The term letter of credit (LC) is not uncommon in international trade as it is the most frequently used method of payment by seller and buyer in their sales contract. LC serves its significant role by facilitating payment between buyer and seller from different countries, who are always prejudiced towards each other on the issue of payment, especially when the deal involves a huge amount of money. By using LC, the seller and buyer will be represented by their own bankers whose function, among others is to issue an LC for the buyer and pay on presentation of seller’s documents which strictly comply to LC requirements. It is well-known that LC is governed by the principle of autonomy or also referred to as the principle of independence1 which indicates LC, being a contract of payment is totally separate from the underlying sales contract. Banks are concerned with documents only and not with the goods. LC transaction can be governed by the Uniform Custom and Practice for Documentary Credit, known as the UCP through express incorporation which provides the rules relating to LC matters and is adopted in almost all LC transactions. This paper discusses the nature, background and significance of principle of autonomy in LC transaction. In elaborating the provisions on the principle of autonomy in the UCP 600, comparisons between relevant articles in the UCP 500 are highlighted. The discussion also focuses on relevant case law and on the application of the autonomy principle in conventional and Islamic LC. The paper concludes with the finding that Malaysian bankers fully subscribe to the principle of autonomy as outlined by the UCP 600.

SOCIAL CONFLICT: ARCHETYPAL NATURE AND RESOLUTION MECHANISM

2018 ◽  
Vol 1 (11) ◽  
pp. 294-305
Author(s):  
Ruslan Rafisovich Hasanov
Keyword(s):  
Social Life ◽  
Social Space ◽  
Interpersonal Relations ◽  
Human Life ◽  
Social Groups ◽  
Optimal Solution ◽  
Modern Society ◽  
Constructive Development ◽  
The Social ◽  
Interdisciplinary Knowledge

On the basis of the archetypic analysis of development trends of a conflictological paradigm the author’s model of minimization of conflict potential in modern society is offered. Institutional construction is the basis for model that is harmonized with a factor of societal identity.It is noted that the problems of social conflicts, according to data from monitor- ing studies of the Ukrainian school of archetype, are increasingly shifted into the sphere of interpersonal relations. It is stimulated by the progression in society of so-called self-sufficient personalities, the “subjectification” of the social space, and at the same time narrowing down to the solution of entirely specific situations in which there is a collision of the interests of two or more parties.Instead, in order to find the optimal solution for resolving the conflict, it is necessary to have interdisciplinary knowledge, in particular understanding of the deep nature of such conflicts. Collision of points of view, thoughts, positions — a very frequent phenomenon of modern social life. In order to develop the correct line of behavior in various conflict situations, it is important to adequately under- stand the nature of the emergence of the modern conflict and the mechanisms for resolving them in substance. Knowledge of conflict nature enriches the culture of communication and makes human life and social groups not only more calm, but also creates conditions for constructive development. It is proved that in modern life one can not but agree with the statement that an individual carries first re- sponsibility for his own life and only then for the life of the social groups to which he belongs. And while making decisions within the framework of modern mecha- nisms (consensus), the properties of human psychology such as extroversion, emo- tionality, irrationality, intuition, externality, and executive ability will not at least contribute to such a task.That is why in the author’s research attracted attention to the archetypal na- ture of the conflict — the primitive images, ideas, feelings inherent in man as a bearer of the collective unconscious.

SOCIAL CONFLICT: ARCHETYPAL NATURE AND RESOLUTION MECHANISM

2018 ◽  
Vol 1 (12) ◽  
pp. 294-305
Author(s):  
Ruslan Rafisovich Hasanov
Keyword(s):  
Social Life ◽  
Social Space ◽  
Interpersonal Relations ◽  
Human Life ◽  
Social Groups ◽  
Optimal Solution ◽  
Modern Society ◽  
Constructive Development ◽  
The Social ◽  
Interdisciplinary Knowledge

On the basis of the archetypic analysis of development trends of a conflictological paradigm the author’s model of minimization of conflict potential in modern society is offered. Institutional construction is the basis for model that is harmonized with a factor of societal identity. It is noted that the problems of social conflicts, according to data from monitoring studies of the Ukrainian school of archetype, are increasingly shifted into the sphere of interpersonal relations. It is stimulated by the progression in society of so-called self-sufficient personalities, the “subjectification” of the social space, and at the same time narrowing down to the solution of entirely specific situations in which there is a collision of the interests of two or more parties. Instead, in order to find the optimal solution for resolving the conflict, it is necessary to have interdisciplinary knowledge, in particular understanding of the deep nature of such conflicts. Collision of points of view, thoughts, positions — a very frequent phenomenon of modern social life. In order to develop the correct line of behavior in various conflict situations, it is important to adequately understand the nature of the emergence of the modern conflict and the mechanisms for resolving them in substance. Knowledge of conflict nature enriches the culture of communication and makes human life and social groups not only more calm, but also creates conditions for constructive development. It is proved that in modern life one can not but agree with the statement that an individual carries first responsibility for his own life and only then for the life of the social groups to which he belongs. And while making decisions within the framework of modern mechanisms (consensus), the properties of human psychology such as extroversion, emotionality, irrationality, intuition, externality, and executive ability will not at least contribute to such a task. That is why in the author’s research attracted attention to the archetypal nature of the conflict — the primitive images, ideas, feelings inherent in man as a bearer of the collective unconscious.

MAIN SPECIFICATIONS OF ASSESSING ACTIVITIES OF MINOR IMPORTANCE OF IN MODERN CRIMINAL LAW

Law and World ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 83-95
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Case Law ◽  
Criminal Code ◽  
The Other ◽  
European Countries ◽  
Minor Importance ◽  
Detailed Review

The research includes the full and the detailed overview of assessing activities of minor importance in Georgian Criminal Law. The Article 7 of the Criminal Code of Georgia states the following: a crime shall not be an action that, although formally containing the signs of a crime, has not produced, for minor importance, the prejudice that would require criminal liability of its perpetrator, or has not created the risk of such harm. The research includes the main criteria of defining activities as activities of minor importance. The detailed review of Georgian case law is also introduced, as well as, legislation, judicial literature and experience of the other European countries.

The Domestication of the Convention on the Rights of Persons with Disabilities

2018 ◽  
Author(s):  
Lisa Waddington
Keyword(s):  
Direct Effect ◽  
Legal Status ◽  
Case Law ◽  
Legal Systems ◽  
Persons With Disabilities ◽  
International Treaty ◽  
Four Dimensions ◽  
Relevant Case ◽  
Similarities And Differences ◽  
Domestic Law

This chapter reflects on jurisdiction-specific approaches to the domestication of the Convention on the Rights of Persons with Disabilities (CRPD), considering in particular the domestic legal status of the CRPD and the relevance of that legal status for case law. The chapter explores four dimensions of the CRPD’s legal status: direct effect; indirect interpretative effect (where the CRPD influences the interpretation given to domestic law); use of the CRPD because of commitments to another international treaty; and absence of domestic legal status. With the exception of the first category, all dimensions can potentially present themselves in legal systems which tend towards the monist approach as well as in those which tend towards the dualist approach. The chapter discusses examples of relevant case law and reflects on similarities and differences emerging from a comparison of that case law.

scholarly journals Social Polarisation at the Local Level: A Four-Town Comparative Study on the Challenges of Politicising Inequality in Britain

Sociology ◽  
2020 ◽  
pp. 003803852097559 ◽  
Author(s):  
Insa Koch ◽  
Mark Fransham ◽  
Sarah Cant ◽  
Jill Ebrey ◽  
Luna Glucksberg ◽  
...  
Keyword(s):  
Comparative Study ◽  
Local Level ◽  
Social Groups ◽  
Community Analysis ◽  
Common Features ◽  
Social Polarisation ◽  
The Uk ◽  
Missing Middle ◽  
Insight Into

This article examines how intensifying inequality in the UK plays out at a local level, in order to bring out the varied ways polarisation takes place ‘on the ground’. It brings a community analysis buttressed by quantitative framing to the study of economic, spatial and relational polarisation in four towns in the UK. We distinguish differing dynamics of ‘elite-based’ polarisation (in Oxford and Tunbridge Wells) and ‘poverty-based’ polarisation (in Margate and Oldham). Yet there are also common features. Across the towns, marginalised communities express a sense of local belonging. But tensions between social groups also remain strong and all towns are marked by a weak or ‘squeezed middle’. We argue that the weakness of intermediary institutions, including but not limited to the ‘missing middle’, and capable of bridging gaps between various social groups, provides a major insight into both the obstacles to, and potential solutions for, re-politicising inequality today.

Formation of contracts for the international sale of goods under Korean law and the CISG

2017 ◽  
Vol 21 (3) ◽  
pp. 208-223
Author(s):  
Byung Mun Lee
Keyword(s):  
Comparative Study ◽  
Design Methodology ◽  
Case Law ◽  
The Other ◽  
Basic Question ◽  
Content Type ◽  
International Sale Of Goods ◽  
The Comparative Study ◽  
International Sales ◽  
Insight Into

Purpose The purpose of this paper is to describe and analyze the rules on the formation of contracts under Korean law and the Contracts for the International Sale of Goods (CISG) in a comparative way and introduce the relevant proposed rules under the Amendment Draft of the Korean Civil Code (KCC). In addition, it attempts to compare and evaluate them in light of the discipline of comparative law. Design/methodology/approach In order to achieve the purposes of the study, it executes a comparative study of the rules as to the formation of contracts of the CISG, Korean law and the Amendment Draft of the KCC. The basic question for this comparative study is placed on whether a solution from one jurisdiction is more logical than the others and to what extent each jurisdiction has responded to protect the reasonable expectations of the parties in the rules as to the formation of contracts. Findings The comparative study finds that most of the rules under the CISG are quite plausible and logical and they are more or less well reflected in the proposals advanced by the KCC amendment committee. On the other hand, the other rules under the CISG which have brought criticisms in terms of their complexity and inconsistent case law invite us their revision or consistent interpretation. The drawbacks of the CISG have also been well responded in the Amendment Draft of the KCC. Nevertheless, it is quite unfortunate that the Amendment Draft of the KCC still has a rule that regards any purported performance with non-material alteration of the terms of an offer as an acceptance. Originality/value This study may provide legal and practical advice to both the seller and the buyer when they enter into a contract for international sales of goods. In addition, it may render us an insight into newly developed or developing rules in this area and show us how they interact with each other. Furthermore, it may be particularly useful in Korea where there is an ongoing discussion for revision of the KCC.

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