The Law of Maintenance and the Obligations Of Lordship: A Case Study

2013 ◽  
Author(s):  
Jonathan Rose
Keyword(s):  
The Law

Ein rechtsfreier Raum? Die legale Situation auf den Färöern im Spiegel der ‚Færeyinga saga‘

2020 ◽  
Vol 25 (1) ◽  
pp. 30-45
Author(s):  
Andreas Schmidt
Keyword(s):  
Cultural Norms ◽  
Old Icelandic ◽  
Power Politics ◽  
Starting Point ◽  
Narrative Literature ◽  
The Law

AbstractThe chapter argues for a more nuanced and empirically based understanding of the discourse on law and socio-cultural norms in Old Icelandic literature on the grounds of a narratological reading of ‘Færeyinga saga’ as a case study. It has often been claimed that Icelandic sources express an ideal of freedom based on communality as guaranteed by the law. By contrast, ‘Færeyinga saga’ represents a cynical discourse on power politics that renders law as an invariable concept obsolete and works solely on the principle that ‘might is right’. This cynicism, however, is presented in a form that leaves the narrative open to interpretation, showing that regardless of its possible dating, narrative literature can serve as a starting point for social discussion. Consequently, the discourse on law in medieval Iceland must be perceived as more polyphonic than has been allowed for by previous unifying readings in scholarship.

An Ethicolegal Analysis of Involuntary Treatment for Opioid Use Disorders

2020 ◽  
Vol 48 (4) ◽  
pp. 735-740
Author(s):  
Farhad R. Udwadia ◽  
Judy Illes
Keyword(s):  
Police Officers ◽  
Standard Of Care ◽  
Opioid Use ◽  
Ethical Concerns ◽  
Prescription Drug Monitoring Programs ◽  
The Usa ◽  
The Law ◽  
Court Mandated ◽  
Ethical Critique

Supply-side interventions such as prescription drug monitoring programs, “pill mill” laws, and dispensing limits have done little to quell the burgeoning opioid crisis. An increasingly popular demand-side alternative to these measures – now adopted by 38 jurisdictions in the USA and 7 provinces in Canada — is court-mandated involuntary commitment and treatment. In Massachusetts, for example, Part I, Chapter 123, Section 35 of the state's General Laws allows physicians, spouses, relatives, and police officers to petition a court to involuntarily commit and treat a person whose alcohol or drug abuse poses a likelihood of serious harm. This paper explores the ethical underpinnings of this law as a case study for others. First, we highlight the procedural and substantive standards of Section 35 and evaluate the application of the law in practice, including the frequency with which it has been invoked and outcomes. We then use this background to inform an ethical critique of the law. Specifically, we argue that the infringement of autonomy and privacy associated with involuntary intervention under Section 35 is not currently justified on the grounds of a lack of evidenced benefits and a risk of significant of harm. Further ethical concerns also arise from a lack of standard of care provided under the Section 35 pathway. Based on this analysis, we advance four recommendations for change to mitigate these ethical shortcomings.

scholarly journals Love in the time of Covid-19: a case-study of the complex laws governing weddings

Legal Studies ◽  
2021 ◽  
pp. 1-17
Author(s):  
Rebecca Probert ◽  
Stephanie Pywell
Keyword(s):  
First Century ◽  
Marriage Law ◽  
England And Wales ◽  
General Law ◽  
The Social ◽  
The Future ◽  
Fit For Purpose ◽  
The Law ◽  
The Impact

Abstract During 2020, weddings were profoundly affected by the Covid-19 pandemic. During periods of lockdown few weddings could take place, and even afterwards restrictions on how they could be celebrated remained. To investigate the impact of such restrictions, we carried out a survey of those whose plans to marry in England and Wales had been affected by Covid-19. The 1,449 responses we received illustrated that the ease and speed with which couples had been able to marry, and sometimes whether they had been able to marry at all, had depended not merely on the national restrictions in place but on their chosen route into marriage. This highlights the complexity and antiquity of marriage law and reinforces the need for reform. The restrictions on weddings taking place also revealed the extent to which couples valued getting married as opposed to having a wedding. Understanding both the social and the legal dimension of weddings is important in informing recommendations as to how the law should be changed in the future, not merely to deal with similar crises but also to ensure that the general law is fit for purpose in the twenty-first century.

TANGGUNG JAWAB PERBANKAN DALAM KASUS PEMBOBOLAN DANA NASABAH (Studi Pembobolan Deposito milik PT. Elnusa, Tbk)

2019 ◽  
Vol 7 (2) ◽  
pp. 301
Author(s):  
Thessa Anial John
Keyword(s):  
Consumer Protection ◽  
Case Study Approach ◽  
Legal Research ◽  
Public Funds ◽  
The Public ◽  
Study Approach ◽  
Banking Service ◽  
The Law ◽  
Research Show

<p>Abstract</p><p>This article aims to study the bank’s responsibility towards fraud against customer with a case study of Bank Mega Fraud against PT. Elnusadeposito funds. This research is a normative legal research using constitutional and case study approach. The result of this research show that Bank Mega liquefyPT. Elnusadeposito funds carelessly without PT.Elnusa consent is an act against the law. Bank Mega hasfailed to fulfil it’s responsibility towardsthe customer as regulated Article 37 B paragraph (1) UndangUndang Nomor 10 Tahun 1998 concerning banking service that stipulate every bank must guarantee the public funds deposited in the bank concerned The action of Bank Mega has caused losses both material and immaterial loss so that Bank Mega has to give responsibility and compensation for damage and consumer loss according to Article 19 paragraph (2) Undang-Undang Nomor 8 Tahun 1999 regarding consumer protection.</p><p>Keywords: Responsibility; prudential principles; banks; and customers.</p><p>Abstrak</p><p>Artikelini bertujuan mengkaji tanggung jawab perbankan terhadap pembobolan dana nasabah dengan</p><p>studi kasus terhadap Bank Mega dalam kasus pembobolan dana deposito PT.Elnusa, Penelitian ini merupakan penelitian hukum normatif dengan melakukan pendekatan undang-undang dan pendekatan kasus.Berdasarkan hasil dari penelitian dapat disimpulkan bahwa tindakan Bank Mega mencairkan dana deposito milik PT.Elnusa secara tidak hati-hati dan tanpa sepengetahuan PT. Elnusa merupakan tindakan yang melanggar hukum. Bank Mega telah tidak memenuhi kewajibannya terhadap nasabah sebagaimana diatur dalam Pasal 37 B ayat (1) Undang-Undang Nomor 10 Tahun 1998 tentang Perbankan yang menyebutkan bahwa setiap bank wajib menjamin dana masyarakat yang disimpan pada bank yang bersangkutan. Tindakan Bank Mega telah menimbulkan kerugian baik materiil maupun immateriil sehingga Bank Mega selaku pelaku usaha berdasarkan Pasal 19 ayat (2) Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen bertanggung jawab untuk memberikan ganti rugi atas kerusakan, pencemaran, dan/atau kerugian konsumen akibat mengkonsumsi barang dan/atau jasa yang dihasilkan.</p><p>Kata Kunci: Tanggung jawab; prinsip kehati-hatian; bank; dan nasabah.</p>

scholarly journals Making things new: Invention privileges and the configuration of priority

2018 ◽  
Vol 57 (1) ◽  
pp. 81-96
Author(s):  
Marius Buning
Keyword(s):  
Early Modern ◽  
Subject Matter ◽  
Dutch Republic ◽  
Modern System ◽  
Web Of Knowledge ◽  
The Law

It was because of the early modern system of invention privileges that questions concerning inventorship became a recurrent subject matter of legal dispute. This essay focuses mainly on the details of one such dispute, namely the 1597 case litigated in the Dutch Republic between Jacob Floris van Langren (ca. 1525–1610) and Jodocus Hondius Sr. (1563–1612). The essay assesses how the law shaped, challenged, and constrained claims to innovation, pushing the argument that it was because of the privilege system that the borders between imitation and novelty became ever more clearly defined. The case study thus illustrates how the law functioned as a technology ordering a complex web of knowledge and status claims.

scholarly journals ZAWŁASZCZENIE NIERUCHOMOŚCI NA PRZYKŁADZIE DZIAŁAŃ WOJENNYCH Z POCZĄTKU XVII WIEKU W RZECZYPOSPOLITEJ OBOJGA NARODÓW. Z BADAŃ NAD PRAWEM ZDOBYCZY WOJENNEJ W EPOCE NOWOŻYTNEJ

2017 ◽  
Vol 16 (4) ◽  
pp. 59
Author(s):  
Karol Łopatecki
Keyword(s):  
Real Estate ◽  
Early Modern ◽  
17Th Century ◽  
Military Operations ◽  
Law Of War ◽  
Legal Situation ◽  
The Law ◽  
Grand Duchy

Property Requisition: A Case Study of early 17th-Century Military Operations for Research on the Early Modern Law on War TrophiesSummary This article is on the requisitioning of property by soldiers stationing on enemy territory. The author presents the law on war trophies in force in Poland-Lithuania in 1609–1619, when the country was at war against the Grand Duchy of Muscovy. In particular he examines a protestation lodged by Stanisław Galiński, a Mazovian nobleman. This document provides evidence that pursuant to the Polish-Lithuanian law of war abandoned property could be lawfully requisitioned providing the party taking possession of the vacant real estate became its effective holder by taking over its management. This theory is confirmed by a 1613 parliamentary resolution which allowed for the confiscation of requisitioned property from soldiers who could not prove their title to tenure on these grounds. The legal situation of requisitioned properties was similar to that of property held by the Muscovite boyars of the Smolensk region, who were granted a conditional endorsement of tenure, with the recognition of a title in fee simple subject to enfeoffment by the king.

scholarly journals Tinjauan Yuridis Terhadap Tindak Pidana Pengancaman dalam Undang-Undang Informasi dan Transaksi Elektronik

2020 ◽  
Vol 4 (2) ◽  
pp. 51-58
Author(s):  
Sry Wahyuni ◽  
Elwidarifa Marwenny
Keyword(s):  
Law Enforcement ◽  
Social Values ◽  
District Court ◽  
Electronic Information ◽  
Positive Law ◽  
Electronic Transactions ◽  
Research Implication ◽  
The Subject ◽  
The Law

The subject matter of this research is the Juridical Review of the Crime of Threats in the Information and Electronic Transactions Law (Case Study of the Koto Baru District Court). This issue is divided into two sub-discussions, first, how is the application of material crimes against criminal acts of threats in the Law on Information and Electronic Transactions, second, how are judges' legal considerations in imposing crimes against threats of threats in the Law on Electronic Information and transactions. The method used in this research is to use a normative juridical problem approach. about the problem that is the object of the problem.The results showed that efforts to apply sanctions were made to overcome the perpetrators of extortion and threats, namely: firmly enforcing the existing positive laws. For subjective positive law enforcement, it may be necessary to have instruments or law enforcers who have the instinct of justice, namely "Judges" who decide all existing cases. The research implication is: it is hoped that the inculcation of social values ​​and norms in society in using social media and in UUITE is not trapped in behavior that plunges them into criminal acts / crimes, it is also hoped that the Panel of Judges in deciding cases must consider more The facts of the trial, the elements of the offense, and the consideration of the severity of the crime with reference to the defendant's situation and the victim's loss.

scholarly journals How to build a nation: ethnosocial management and academic science in a problem field of state national policy

2019 ◽  
Vol 17 (4) ◽  
pp. 124-124
Author(s):  
Elena A. Erokhina
Keyword(s):  
Strategic Planning ◽  
Ethnic Diversity ◽  
National Policy ◽  
Ethnic Politics ◽  
Diversity Management ◽  
Academic Science ◽  
Legislative Initiative ◽  
The Law ◽  
Soviet Russia

The paper presents an analysis of strategic planning documents in the field of ethnic politics of post-Soviet Russia. A case study of a legislative initiative known as the “law on the Russian nation” is considered. It is concluded that the reception of nationalism in the practice of ethnosocial management is the result of borrowing Westernized models of ethnic diversity management.

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