scholarly journals Odpowiedzialność usługodawcy za udostępnianie w internetowych serwisach społecznościowych treści przestępnych związanych z publicznym propagowaniem faszystowskiego lub innego totalitarnego ustroju państwa według projektu ustawy o ochronie wolności słowa w

2021 ◽  
Vol 43 (4) ◽  
pp. 503-512
Author(s):  
Anastazja Kołodziej
Keyword(s):  
Social Media ◽  
Service Provider ◽  
Strict Liability ◽  
Freedom Of Speech ◽  
Penal Code ◽  
The Other ◽  
Other Hand ◽  
The Law

Having in mind the Law on the Provision of Electronic Services, the article presents selected issues in the field of strict liability of the service provider in the form of administrative penalties for publishing on social media criminal content or content that is related to it, in the form of praising or exhorting to commit the crime prohibited under Art. 256 of the Penal Code according to the Draft of the Law on the Protection of Freedom of Speech on Social Media. It presents selected issues concerning inaccuracies and imprecise definitions of the notions of service provider, user, and illegal content, especially in the context of content that does not exhaust the features of a prohibited act under Art. 256 of the Penal Code. It describes also the procedure to be followed in the event of the user’s complaint about blocking their content, profile or a complaint about disseminating illegal content. The author concludes that the assessment of illegal content that does not exhaust the features of a crime under Art. 256 of the Penal Code, but is related to it, in the form of praising or exhorting to commit it, will belong to the Freedom of Speech Committee. Additionally, the regulations of the Law on the Provision of Electronic Services and the Draft of the Law on the Protection of Freedom of Speech on Social Media are inconsistent because, on one hand, after the so-called flagging of the content on social media, the service provider is obliged to remove illegal content (Art. 14 of the Law on the Provision of Electronic Services), while, on the other hand, according to the commented draft of the law, he is exposed to proceedings before the Freedom of Speech Committee and its arbitrary classification of content as legal or illegal.

3. Contracts of employment (2): content and wages

2019 ◽  
pp. 138-253
Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock
Keyword(s):  
Social Media ◽  
Minimum Wage ◽  
Electronic Communication ◽  
Employment Law ◽  
Cutting Edge ◽  
The Other ◽  
Living Wage ◽  
Employment Contracts ◽  
Other Hand ◽  
The Law

This chapter explores where express terms come from, especially if they are not all neatly set out in writing, and then goes on to consider how terms become implied. Here, several significant differences between ordinary commercial contracts and employment contracts will be seen, both in the scale of the use of implied terms in employment law to ‘perfect’ the bargain and in the sheer strength of some of these frequently implied terms that can, in practice, be just as important as express terms. Having looked at where these terms come from, the chapter goes on to consider the principal duties that they impose on employers and employees, some of which are old and obvious, such as the employer’s duty to pay wages and the employee’s duty of obedience to lawful orders. On the other hand, some are more recent and more at the cutting edge of modern employment law, such as the implied term of trust and confidence for the employee and the topical controversies over confidentiality at work in an age of electronic communication and social media. The chapter concludes by considering specifically the law on wages, including the statutory requirements of paying the national minimum wage and the national living wage.

scholarly journals KEDUDUKAN DISSENTING OPINION DALAM PERKARA TINDAK PIDANA KORUPSI

2018 ◽  
Vol 2 (2) ◽  
pp. 203-217
Author(s):  
Dewi Ratnasari Rustam
Keyword(s):  
Rule Of Law ◽  
Freedom Of Speech ◽  
The Other ◽  
Court Ruling ◽  
The Rule Of Law ◽  
The Public ◽  
Other Hand ◽  
Difference Of Opinion ◽  
The Law ◽  
The Difference

Dissenting opinion is the difference of opinion between the Tribunal judges who handle certain a matter with other judges of the Tribunal dealing with certain cases. Dissenting opinion does not have the force of law because it cannot be the Foundation for the inception of the award. Dissenting opinion itself is an aspect of the law that need to be examined in order to prevent the formation of false opinion among the public. So, nowadays have started to formed the perception that dissenting opinion was an engineering law, instead of enforcing the rule of law but rather media that gave the opportunity for the defendant in corruption regardless of criminal trapping; but on the other hand is a form of difference of opinion and the independence of the judges as the metre is guaranteed by the provisions of the law; that the importance of dissenting opinion in the Court ruling was the judge's opinion be weighted, in an attempt of law appeal or cassation; as an indicator to determine the career judge, as an attempt to avoid the practice of corruption, Collusion and Nepotism (KKN) and the judicial mafia; as a real step towards the transparency of judicial democratization; the judiciary; and kemandiarian the judge require the freedom of speech.

Negligence and Ignorance

Philosophy ◽  
1978 ◽  
Vol 53 (205) ◽  
pp. 293-306 ◽  
Author(s):  
A. D. Woozley
Keyword(s):  
Common Law ◽  
Strict Liability ◽  
The Other ◽  
Working Paper ◽  
Positive Sense ◽  
State Of Mind ◽  
Criminal Charges ◽  
The Law ◽  
Law Commission

The purpose of this paper is to discuss and to relate to each other two topics: (a) the admissibility of ignorance and mistake of fact as defences against negligence in crime; and (b) the inadmissibility of ignorance and mistake of law as defences against criminal charges. I am in (a) not concerned at all with torts negligence, only with criminal offences (whether common law or statutory) which can be committed negligently, where negligence suffices for liability, as in the law of homicide. This produces an untidy classification of elements, one or other of which is needed to provide the required mens rea (the exception of strict liability offences is here ignored): intention ( = purpose or aim), knowledge (or belief), recklessness and negligence. It is untidy, because the last does not belong on the same list as the other three, each of which can appropriately be called a state of mind in what we might say to be a positive sense, for each of them includes some degree of awareness of and/or attitude to relevant facts. If negligence is to be called (partly) a state of mind, it is so in a very stretched and negative way: to be told that a person was not attending to, thinking of or noticing something that he should have been is to be given some information, of a negative sort, about his state of mind, but it tells us very little, for it eliminates only one of an unlimited range of states of mind (in the positive sense). His not attending, noticing, etc., is equally compatible with his daydreaming (not attending to or noticing anything) and with his concentrating hard on something else. If negligence requires inadvertence, as is commonly maintained, then there was a state of mind which the agent should have been in but was not; if, as I would argue, it does not require inadvertence, then there was a state of mind which the agent should have been in, and maybe he was not in it, maybe he was in it. (In the present state of English law most offences of criminal negligence do require inadvertence, the notable exceptions being traffic offences such as careless driving. On the other hand, the proposal in the Law Commission Working Paper, No. 31 (1970) would not require it; the definition runs, ‘a person is negligent if he fails to exercise such care, skill or foresight as a reasonable man in his situation would exercise’. However, that is only a proposal; at present advertent negligence is rare in criminal law, although common in torts.) On this view, the questions are (1) whether his performance fell below scratch, (2) what are to be the excusing conditions for such a performance, and (3) if the answer to (1) is yes, whether his performance was covered by the excusing conditions.

scholarly journals Classification of responsibilities according to the teachings of I. Kant

2021 ◽  
Vol 66 ◽  
pp. 27-31
Author(s):  
T. Popovych
Keyword(s):  
The Other ◽  
Species Classification ◽  
Moral Self ◽  
Subjective Criterion ◽  
Other Hand ◽  
Human Animal ◽  
The Law ◽  
The One

The article is devoted to the disclosure of the species classification of obligations according to I. Kant`s doctrine. It has been studied that all obligations, in I. Kant`s opinion, can be or legal or moral. The German thinker divides obligations based on the following criteria. The first criterion is the objective attitude of the law to the obligation. These are perfect and imperfect obligations, which include the obligation to oneself and the obligation to others. The second criterion for the division of obligations is the subjective attitude to the obligated subject. The author emphasizes that the thinker also identifies the possibility of dividing the human obligations to oneself on the basis of objective and subjective criteria. According to objective criteria, obligations can be negative or positive. Negatives are those that mean only moral self-preservation. Positive obligations lead to self-improvement. According to subjective criterion, Kant divides obligations into those which concern only the human animal nature and those which concern man as a moral being. The article also draws attention to the philosopher's classification of human obligations to others into several subgroups: human obligations to others only as people; human obligations to others out of respect for them, which they deserve; human obligations to others in terms of their position. Human obligations to others only as to people are concentrated by the thinker around the phenomena of love and respect. Human obligations to others out of respect for them, which they deserve, are reciprocal, that is, the person, on the one hand, can demand respect from others, and on the other hand, this person must treat others with respect. Human obligations s to others in terms of their position should be seen not so much as obligations, but as rules that change depending on the subjects of the principle of virtue to the cases that occur in experience.

3. Contracts of employment (2): content and wages

2019 ◽  
pp. 135-243
Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock
Keyword(s):  
Social Media ◽  
Minimum Wage ◽  
Electronic Communication ◽  
Employment Law ◽  
Cutting Edge ◽  
The Other ◽  
Living Wage ◽  
Employment Contracts ◽  
Other Hand ◽  
The Law

This chapter explores where express terms come from, especially if they are not all neatly set out in writing, and then goes on to consider how terms become implied. Here, several significant differences between ordinary commercial contracts and employment contracts will be seen, both in the scale of the use of implied terms in employment law to ‘perfect’ the bargain and in the sheer strength of some of these frequently implied terms that can, in practice, be just as important as express terms. Having looked at where these terms come from, the chapter goes on to consider the principal duties that they impose on employers and employees, some of which are old and obvious, such as the employer’s duty to pay wages and the employee’s duty of obedience to lawful orders. On the other hand some are more recent and more at the cutting edge of modern employment law, such as the implied term of trust and confidence for the employee and the topical controversies over confidentiality at work in an age of electronic communication and social media. The chapter concludes bu considering specifically the law on wages, including the statutory requirements of paying the national minimum wage and the national living wage.

Covid-19 – rumours and facts in media

2020 ◽  
Vol 11 (SPL1) ◽  
pp. 171-174
Author(s):  
Tarare Toshida ◽  
Chaple Jagruti
Keyword(s):  
Social Media ◽  
Preventive Measures ◽  
Vital Role ◽  
The Other ◽  
Sources Of Information ◽  
Other Hand ◽  
Corona Virus ◽  
The People ◽  
The World

The covid-19 resulted in broad range of spread throughout the world in which India has also became a prey of it and in this situation the means of media is extensively inϑluencing the mentality of the people. Media always played a role of loop between society and sources of information. In this epidemic also media is playing a vital role in shaping the reaction in ϑirst place for both good and ill by providing important facts regarding symptoms of Corona virus, preventive measures against the virus and also how to deal with any suspect of disease to overcome covid-19. On the other hand, there are endless people who spread endless rumours overs social media and are adversely affecting life of people but we always count on media because they provide us with valuable answers to our questions, facts and everything in need. Media always remains on top of the line when it comes to stop the out spread of rumours which are surely dangerous kind of information for society. So on our side we should react fairly and maturely to handle the situation to keep it in the favour of humanity and help government not only to ϑight this pandemic but also the info emic.

STUDY OF ORNAMENTS IN HUNTO SULTAN AMAY MOSQUE GORONTALO

ARTic ◽  
2019 ◽  
Vol 4 ◽  
pp. 167-176
Author(s):  
Risti Puspita Sari Hunowu
Keyword(s):  
Qualitative Method ◽  
The Other ◽  
Visual Form ◽  
Research Material ◽  
Other Hand ◽  
The World ◽  
Existing Form ◽  
The City ◽  
Dutch Colonial

This research is aimed at studying the Hunto Sultan Amay Mosque located in Gorontalo City. Hunto Sultan Amay Mosque is the oldest mosque in the city of Gorontalo The Hunto Sultan Amay Mosque was built as proof of Sultan Amay's love for a daughter and is a representation of Islam in Gorontalo. Researchers will investigate the visual form of the Hunto Sultan Amay Mosque which was originally like an ancient mosque in the archipelago. can be seen from the shape of the roof which initially used an overlapping roof and then converted into a dome as well as mosques in the world, we can be sure the Hunto Sultan Amay Mosque uses a dome roof after the arrival of Dutch Colonial. The researcher used a qualitative method by observing the existing form in detail from the building of the mosque with an aesthetic approach, reviewing objects and selecting the selected ornament giving a classification of the shapes, so that the section became a reference for the author as research material. Based on the analysis of this thesis, the form  of the Hunto Sultan Amay mosque as well as the mosques located in the archipelago and the existence of ornaments in the Hunto Sultan Amay Mosque as a decorative structure support the grandeur of a mosque. On the other hand, Hunto Mosque ornaments reveal a teaching. The form of a teaching is manifested in the form of motives and does not depict living beings in a realist or naturalist manner. the decorative forms of the Hunto Sultan Sultan Mosque in general tend to lead to a form of flora, geometric ornaments, and ornament of calligraphy dominated by the distinctive colors of Islam, namely gold, white, red, yellow and green.

Law’s Contradictions

2018 ◽  
Author(s):  
Nimer Sultany
Keyword(s):  
The Other ◽  
Political Actors ◽  
Political Conflicts ◽  
Other Hand ◽  
The Law ◽  
The One

This chapter analyzes concrete Egyptian and Tunisian cases that showcase the interplay between continuity and rupture. These cases illustrate the lack of a systemic relation between law and revolution. On the one hand, the judiciary that interprets and applies the law is part of the very social and political conflicts it is supposed to resolve. On the other hand, the law is incoherent and there are often resources within the legal materials to play it both ways. Thus, the different forces at work use both continuity and rupture to advance their positions. Furthermore, legitimacy discourse mediates the contradictions between law and revolution in the experience of different legal and political actors. This mediation serves an ideological role because it presupposes a binary dichotomy between continuity and rupture, papers over law’s incoherence by reducing it to a singular voice, and reduces revolution to an event rather than a process.

scholarly journals I.—Notes on the Phylogeny of the Graptolites

1895 ◽  
Vol 2 (12) ◽  
pp. 529-539 ◽  
Author(s):  
H. A. Nicholson ◽  
J. E. Marr
Keyword(s):  
Present State ◽  
The Other ◽  
Other Hand ◽  
The Family ◽  
The Future ◽  
Geological Magazine

Since the remarkable paper by Professor Lapworth “On an Improved Classification of the Rhabdophora” was published in the Geological Magazine for 1873, a great deal of fresh information has been gathered as to these interesting fossils; but the classification given in that paper, though to some extent confessedly artificial, is still generally adhered to. Observations made by the authors in recent years lead them to suppose that that classification will in the future undergo considerable modification; but in the present state of our knowledge it serves a purpose so useful, that it is not our intention to propose any immediate change in it. Our object, on the other hand, is to bring forward certain conclusions which we have independently reached, and which will, we believe, enhance the value of Graptolites to the stratigraphical geologist, and lead to results important to the biologist. Our conclusions are based upon an examination of a large number of forms generally referred to the family Dichograptidæ; but, as we propose very briefly to indicate, they affect the relationships of Graptolites belonging to other families also.

STUDI KRITIS JUAL BELI DEKORASI UANG MASKAWIN

Al-MAJAALIS ◽  
2018 ◽  
Vol 6 (1) ◽  
pp. 1-36
Author(s):  
Muhammad Arifin Badri
Keyword(s):  
The Other ◽  
Other Hand ◽  
Business Opportunities ◽  
The Law ◽  
The One ◽  
High Level

This study aims to examine the laws of dowry money decoration that are common in the community. The innovation and soul of art that is channeled through décor of dowry money is proven to produce beautiful and unique works, so as to attract the attention and interest of the wider community. However, because to produce beautiful and unique works, a high level of creativity is needed, so not everyone can do it. On the one hand, this phenomenon opens up quite good business opportunities, but on the other hand, it should be watched out, because in some conditions it contains the practice of buying and selling currencies with nominal differences. Through this study, I would like to uncover the law of buying and selling practices decorating dowry money and decorating services. As I also intend to present an applicative solution for the community so that they can still channel their artistic talents without violating Shari’ah law.

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