scholarly journals THE ROLE OF THE STATE ON THE PRIVATE LAW THROUGH NOTARY AS A PUBLIC OFFICIAL IN LEGAL SYSTEM IN INDONESIA

2018 ◽  
Author(s):  
Cipto Soenaryo ◽  
Dewi Kania Sugiharti
Keyword(s):  
Legal System ◽  
The State ◽  
Public Official ◽  
Private Law ◽  
Role Of The State

The Legal Framework for Foundations in the Habsburg Monarchy from 1750 to 1918

2017 ◽  
Vol 1 (2) ◽  
pp. 154-172
Author(s):  
Gabriele Schneider
Keyword(s):  
Public Good ◽  
Legal System ◽  
Legal Framework ◽  
The State ◽  
Habsburg Monarchy ◽  
The Public ◽  
Regulation And Supervision ◽  
Role Of The State ◽  
The Law

Foundations, as permanent funds established by a certain legal act, can serve manifold purposes, but often pursue charitable goals. As such, they play an important role for the public good. Therefore, states always had an interest in fostering foundations by providing a pertinent legal framework. In Austria, this topic has not yet been the focus of scholarship. Through this study some light is shed on the implementation of the law on foundations in the Habsburg Monarchy. It focuses on the role of the state and its legal system regarding the regulation and supervision of foundations from 1750 to 1918. This period is characterized by the sovereigns’ endeavor to regulate the position of foundations via extensive legislation. In particular, a system of oversight for foundations was created in order to guarantee the attainment of their charitable goals. In fact, this system prevailed until the end of the 20thcentury.

scholarly journals Civil law and the role of the State

2021 ◽  
Author(s):  
Attila Harmathy
Keyword(s):  
Everyday Life ◽  
Legal System ◽  
Civil Law ◽  
Present Situation ◽  
Public Law ◽  
The State ◽  
Role Of The State

Abstract The profound changes in both everyday life and the legal system over the last hundred years have transformed civil law as well. While the notion that civil law concerns relationships of private persons still prevails, the traditional public law–civil law division now seems questionable. This paper points out some of the key changes in civil law within the framework of the transformation of the legal system as a whole, and seeks to outline a different approach that may help better to understand the present situation.

scholarly journals Application of Therapeutic Jurisprudence: A Different Approach to Punishment in Kenya

2017 ◽  
Vol 2 (1) ◽  
pp. 39-62
Author(s):  
Eric Kariuki
Keyword(s):  
Mental Health ◽  
Legal System ◽  
Critical Role ◽  
The State ◽  
Therapeutic Jurisprudence ◽  
Law And Order ◽  
Criminal Courts ◽  
Role Of The State ◽  
Primary Form

A critical role of the State is the regulation of crime by maintaining law and order and, at the same time, punishing crime. This paper seeks to address the retrogressive way crime is punished in Kenya. The author proposes that this can be rectified through the application of the doctrines of therapeutic jurisprudence (TJ), a theory first propounded by David Wexler when he tried to create a solution to the treatment of mental health victims in criminal courts. This paper takes his theories and applies them to the Kenyan context. In addressing these issues, this paper shall first look at the existing theories behind punishment, with focus on incarceration as the primary form of punishment, and highlight their flaws. It shall then look at TJ and explain how it can be infused into the Kenyan legal system. In doing so, the paper argues, the effectiveness of punishment can be greatly increased.

scholarly journals Public officials’ liability: a case study on Poland

2018 ◽  
Vol 86 (1) ◽  
pp. 169-182
Author(s):  
Dawid Chaba
Keyword(s):  
Public Administration ◽  
Legal System ◽  
The State ◽  
Public Official ◽  
Comprehensive Understanding ◽  
Public Officials ◽  
The Law ◽  
Financial Liability

Performing the role of a public official entails the necessity of accepting a certain responsibility. This results from the fact that officials handle various tasks of great significance to both the state and its citizens. The duties should be carried out in a professional, upright and lawful manner. Otherwise, it is essential to hold public officials responsible and bring them to justice. This article will focus on the basic issues concerning one particular type of responsibility, which is a financial liability for a serious breach of the law. A particular emphasis will be put on the specification of the subjective and objective scope of the said responsibility. Points for practitioners The research provides public administration practitioners with a comprehensive understanding of issues related to the liability of administration employees for serious breaches of the law. Officials should be aware that the tasks they perform should be carried out thoroughly and in accordance with the law due to their significance to the state and citizens. Otherwise, it is necessary to hold officials accountable and liable. The article demonstrates how the regulations are practically implemented in the Polish legal system, whether officials are held liable and various relevant issues.

Applied Evolutionary Theory: Explaining Legal Change in Transnational and European Private Law

2008 ◽  
Vol 9 (4) ◽  
pp. 477-491 ◽  
Author(s):  
Jan M. Smits
Keyword(s):  
Evolutionary Theory ◽  
The State ◽  
Private Law ◽  
The European Union ◽  
Legal Certainty ◽  
Commercial Law ◽  
Role Of The State ◽  
Fresh Perspective ◽  
Enforcement Mechanisms

This contribution aims to apply some insights from evolutionary theory to transnational commercial law and to the harmonisation of private law in the European Union. By doing so, it hopes to provide a fresh perspective to the theoretical underpinning of the development of both transnational commercial law and European private law. For transnational commercial law, it has already been well explained that the transformation of the role of the State led to new forms of governance. If there was previously a State monopoly on providing legal certainty and enforcement mechanisms, today the goods of legal certainty and enforcement are often provided by others rather than the State institutions, in particular in cross-border transactions. In European private law, an organic development – in which the role of the national States is also rather limited – is the most likely way to create a successful unified law. Both developments raise many questions. This contribution only aims at providing a framework to deal with one of these questions: how to explain (or even predict) the evolution of law beyond the State (of which transnational commercial law and European private law are important examples)? If legal development can no longer be explained by positivist or natural law thinking, can evolutionary theory fill the gap?

For a Law of Public Contract Per Se: An Intervention from Liberal Contract Theory

2019 ◽  
Vol 39 (4) ◽  
pp. 856-877
Author(s):  
Janet M McLean
Keyword(s):  
New Zealand ◽  
Judicial Review ◽  
Contract Theory ◽  
Critical Role ◽  
The State ◽  
Private Law ◽  
Role Of The State ◽  
Per Se ◽  
The Uk

Abstract Judges in judicial review cases in New Zealand and the UK currently begin with the presumption that the existence of a contract means that the matter should be treated as a private law one—at least in the absence of a special ‘public element’. This article argues that all contracts with government entities should be treated as presumptively public. Such a position can be justified by recourse to liberal contract theory. Arthur Ripstein’s Kantian theory identifies the critical role of the state in securing the background conditions for the operation of private law. These are unsettled when a government entity is one of the parties to a contract.

scholarly journals Perubahan Perkembangan Dalam Hukum Perdata Modern

2018 ◽  
Vol 15 (1) ◽  
Author(s):  
Abdurrahman Konoras
Keyword(s):  
Internal Control ◽  
The State ◽  
External Control ◽  
Private Law ◽  
Control Functions ◽  
The People ◽  
Role Of The State ◽  
State And Society ◽  
The One

Changes in legal development occur because the law and society are dynamic. Changes in the private law have implications for the strengthening of internal control functions that replace external control functions. Developmental changes in the modern private law are closely related to the changing societies and ruling regimes, which strengthen the role and participation of the people on the one hand, and the diminishing role of the state on the other is inseparable from modernization and democratization within the state and society itself. The contract law, labor law, and consumer protection law are subject to changes arising from the strengthening of internal control functions that replace external control functions.

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