Genetics - And Genetic Legal Problems: Can the Legal System Cope With Novel Bioethical Challenges?

2016 ◽  
Author(s):  
Barbara P. Billauer
Keyword(s):  
Legal System ◽  
Legal Problems

Contract

2005 ◽  
Author(s):  
James Gordley
Keyword(s):  
Twentieth Century ◽  
Legal System ◽  
Common Law ◽  
Contract Law ◽  
Legal Method ◽  
Legal Problems ◽  
Early Twentieth Century ◽  
The Will ◽  
The Law

‘Classical’ contract law was built on a substantive premise about contract law and two premises about legal method. The substantive premise was voluntaristic: the business of contract law is to enforce the will or choice of the parties. The first methodological premise was positivistic: the law is found, implicitly or explicitly, in the decisions of common law judges. The second methodological premise was conceptualistic: the law should be stated in general formulas which can be tested by their coherence. Finally, ‘classical’ contract law reflected an attitude about how best to steer a course — as every legal system must — between strict rules and equitable considerations. Since the early twentieth century, classical contract law has been breaking down. Allegiance to its premises has weakened as has the preference for rigor. At the same time, scholars have found classical law to be inconsistent even in its own terms. Nevertheless, much of it has remained in place faute de mieux while contemporary jurists have tried to see what is really at stake in particular legal problems. This article describes their work.

Perspectives of law and culture on the end-of-life legislations in France, Germany, India, Italy and United Kingdom

2019 ◽  
Keyword(s):  
United Kingdom ◽  
End Of Life ◽  
Legal System ◽  
Common Law ◽  
Cultural Backgrounds ◽  
Law System ◽  
Life Study ◽  
The United Kingdom ◽  
Legal Problems ◽  
Legislative Changes

The interactions between law and culture in addressing the legal problems at the end of a life are currently being discussed in many countries. The discourse on this issue should be multidisciplinary, taking into account its legal, medical, ethical, philosophical and anthropological aspects. The concepts designed to manage the legal problems that occur when a life comes to an end are closely linked to the culture of each country. For this reason, countries with different cultural backgrounds have been selected for this comparative end-of-life study. In France, Germany and Italy, which have a continental legal system, the United Kingdom, which has a common law system, and India, the various religions and cultures exert an important influence on the modernisation of the legislation in this respect. The book deals with recent legislative changes and developments in the countries surveyed. With contributions by Soazick Kerneis, Guillaume Le Blanc, Jeanne Mesmin d’Estienne, Louis-Charles Viossat, Christophe Pacific, Volker Lipp, Christine Laquitaine, Philippe Poulain, Stephanie Rohlfing-Dijoux, Stefano Canestrari, Kartina A. Choong, Richard Law, Sabine Boussard, Prasannanshu Prasannanshu, Pierre Rosario Domingue, Arvin Halkhoree, Kerstin Peglow, Jörg Luther, Uwe Hellmann, Géraldine Demme, Sabir Kadel, Anja van Bernum, Marie Rossier, Victoria Roux, Charles Walleit, Berquis Bestvater

Murder revisited: the guilt of Florence Maybrick

2005 ◽  
Author(s):  
John Emsley
Keyword(s):  
Legal System ◽  
Life Imprisonment ◽  
Poor State ◽  
Queen Victoria ◽  
Legal Problems ◽  
The World ◽  
Male Dominated ◽  
Court Of Appeal ◽  
Made In ◽  
Release From Prison

Of all the arsenic murders, the Maybrick case is the most intriguing. On 7 August 1889 Florence Maybrick was found guilty of murdering her husband James and sentenced to death, only to be reprieved two weeks later and her sentence commuted to life imprisonment. There are those who believe she should have been acquitted because she was innocent. There are those who believe that even if she was guilty she did the world a service in that the man she killed was really Jack-the-Ripper. That somewhat dubious claim was made in the 1990s with the publication of an old diary supposedly written by James Maybrick. In the furore which followed the trial, Florence was seen as a martyr by two groups: the supporters of the Women’s Rights Movement, and those who campaigned for a Court of Appeal. The first of these saw her as a victim of a male-dominated legal system, and the second saw her as a prime example of injustice which the British legal system as it then stood was unable to rectify. The Women’s International Maybrick Society even enlisted the support of three US Presidents, but to no avail because, unbeknown to them, Queen Victoria had taken an interest in the case and believed Florence to be guilty. Until the Queen died, there was no possibility of her release from prison, although she was set free soon afterwards. Legal problems raised by the Maybrick trial centred on the summing-up of the Judge, Mr Justice Fitzjames Stephens. In its latter stages this became little more than a tirade of moralizing generalizations that dwelt on Florence’s admitted adultery, implying that a woman capable of committing such a sin was indeed capable of murder. (Nothing was said at the trial about her husband’s mistress and the five children that she had borne him.) The summing-up was flawed in other ways; for example the judge introduced material that was not produced during the trial and he read accounts of what witnesses had said from newspaper cuttings of their evidence because his own notes were in such a poor state.

Ocena skutków prawnych regulacji zawartej w przedstawionym przez Prezydenta Rzeczypospolitej Polskiej projekcie ustawy o zmianie Konstytucji Rzeczypospolitej Polskiej (druk nr 456)

2021 ◽  
Vol 1(162) ◽  
pp. 161-167
Author(s):  
Rafał Dubowski
Keyword(s):  
Legal System ◽  
Legal Problems ◽  
Legal Context ◽  
Current Article ◽  
Fundamental Law

The study focuses on the issue of legal effects of regulations. It indicates the legal context of the proposed solutions and signals possible legal problems related to the introduction of the proposed regulations into the legal system. The study points out, inter alia, that the current Article 114 § 1 of the Act of 25 February 1964 — Family and Guardianship Code — assuming one of the possible interpretations of the notion of a ‘child’ — may be inconsistent with the proposed Article 72(2a) of the Fundamental Law to the extent to which it excludes the admissibility of adoption of a woman who at the time of ling an application for adoption was under 18 years of age, but became of age through marriage.

Some Legal problems of State Budget and the Budget Act in Poland

2018 ◽  
Vol VIII (z. 2) ◽  
pp. 11-20
Author(s):  
Andrzej Borodo
Keyword(s):  
Legal System ◽  
Legal Liability ◽  
Legal Issues ◽  
State Budget ◽  
General Overview ◽  
Legal Problems ◽  
The Republic ◽  
Legal Meaning

The elaboration presents some selected legal problems concerning passing, range of application and detailed character of state budget and the budget act. There are current problems that require analysis and discussion leading to doubts or the need for a change in the legal system, including the Constitution. The article presents - in general overview - the following legal issues: the problem of the relation between budget regulations contained in the Constitution of the Republic of Poland and EU budget regulations, legal meaning of budget principles, the problem of state budget completeness and the range of the budget act, the issue of not passing a budget act before the beginning of a budget year, meaning of budget's detailed character for legal liability of entities implementing the budget.

scholarly journals Arti Penting Hukum Antartata Hukum untuk Indonesia

2018 ◽  
Vol 7 (2) ◽  
pp. 147
Author(s):  
Yu Un Opusunggu
Keyword(s):  
International Law ◽  
Legal System ◽  
Legal Reform ◽  
Legal Pluralism ◽  
Colonial Period ◽  
Private International Law ◽  
Foreign Investors ◽  
Conflict Of Laws ◽  
Competing Interests ◽  
Legal Problems

<p><em>This article discusses the importance of conflict of laws and private international law in Indonesia. Both fields of law are two-side of coin in the context of Indonesia. The author argues that many legal problems in Indonesia have their roots in the ignorance of legal pluralism. The article begins with mapping out legal pluralism since colonial period to the present. The author explains with legal pluralism calls for the science of conflict of laws/private international law. Indonesia’s attempt to attract foreign investors have entailed a series of legal reform. However, those reforms have ignored the pluralistic aspects of the legal system. The development of legal system has been caught between competing interests. The author therefore argues that understanding of the science of conflict of laws/private international law is the key for future development.</em></p>

scholarly journals KEPASTIAN HUKUM DALAM PENEGAKKAN HUKUM PERPAJAKAN

PRANATA HUKUM ◽  
2019 ◽  
Vol 14 (1) ◽  
pp. 38-49
Author(s):  
Agus Iskandar
Keyword(s):  
Data Analysis ◽  
Law Enforcement ◽  
Legal System ◽  
Secondary Data ◽  
Policy Support ◽  
Investment Climate ◽  
Legal Certainty ◽  
Tax Amnesty ◽  
Legal Problems ◽  
Principle Of Legality

ABSTRAK Tax amnesty in the form of tax debt relief along with sanctions creates legal problems. The problem is how to enforce the law on the principle of legality in the legal system of taxation in Indonesia. This study uses a normative juridical approach, therefore the main data used is secondary data in the form of legislative regulations - data analysis invitations carried out in qualitative analysis. Based on the results of the study, that legal certainty in law enforcement by looking at the inaccuracies of regulations concerning the substance and form of legislation - invitation will weaken the principle of legality. From the experience of tax amnesty implementation, it turns out that tax amnesty does not necessarily increase state revenues, nor does tax amnesty automatically increase investment. As a suggestion, tax amnesty as an incentive needs to get policy support from other sectors so as to create the expected investment climate. 

Legal problems of the unmanned sea vessels operation

2021 ◽  
pp. 163
Author(s):  
Vasiliy N. Gutsulyak
Keyword(s):  
Legal System ◽  
International Maritime Organization ◽  
Legal Problems ◽  
Surface Vessels ◽  
Marine Surface ◽  
International Legal System

The article examines the legal problems that arise during the operation of unmanned vessels, as well as the reasons for their occurrence. Much attention is paid to the activities of the International Maritime Organization (IMO), which plays a key role in the formation of an international legal system for regulating the activities of autonomous marine surface vessels (MASS). The authors also consider the latest Russian legislation on MASS.

Theoretical and legal problems of dynamics of changes of the civil law

10.12737/983 ◽  
2013 ◽  
Vol 1 (4) ◽  
pp. 205-208
Author(s):  
Георгий Писарев ◽  
Georgiy Pisarev
Keyword(s):  
Institutional Change ◽  
Legal System ◽  
Negative Impact ◽  
Civil Law ◽  
System Change ◽  
Property Relations ◽  
Legal Problems ◽  
Strategic Goals ◽  
Theoretical Developments

The ongoing reform in the Russian civil legislation is estimated by the author considering theoretical developments on the forms of institutional change. On the example of the influence of new legislation on property relations, in this article we prove the absence of a key element for this type of transformation. Reform of the civil law has no common strategic goals in the entire legal system. The absence of one time and system change of regulation not only in the sphere of civil law, but also in the land, administrative and other industries could have a negative impact on the efficiency of transformation.

Consequences of the therapist's claim “I'm not a detective”

1995 ◽  
Vol 23 (3) ◽  
pp. 477-484 ◽  
Author(s):  
Steve Paul Moen
Keyword(s):  
Mental Health ◽  
Sexual Abuse ◽  
Childhood Sexual Abuse ◽  
Legal System ◽  
Recovered Memories ◽  
Legal Problems ◽  
Narrative Truth ◽  
The Difference ◽  
Historical Truth ◽  
Do So

Clinicians providing mental health therapy have long accepted the use of free narrative and the resulting “narrative truth” that provides a basis for exploring the patient's/client's problems. Since the legal system in the 1990s has allowed claims of “recovered memories” of childhood sexual abuse to be heard in criminal and civil cases years—even decades—after the alleged events occurred, the therapists' patients/clients now must prove the “historical truth” of their perceived memories in order to prevail. The difference between these “truths” requires therapists to exercise increased care in working with persons who may come to have false beliefs about their past. The failure to do so may result in a disservice to the patient/client and further legal problems for the therapist.

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