scholarly journals The Law of Trusts and Collective Action: A New Approach to Property Deadlocks

2020 ◽  
Author(s):  
Amnon Lehavi
Keyword(s):  
Collective Action ◽  
New Approach ◽  
The Law

The Dudley Lee Case: A new approach to factual causation and its implications for transformative jurisprudence

2017 ◽  
Vol 30 (1) ◽  
pp. 273-289
Author(s):  
Anmari Meerkotter
Keyword(s):  
Case Note ◽  
Constitutional Court ◽  
Recent Contribution ◽  
New Approach ◽  
State Accountability ◽  
The Law ◽  
Transformative Impact ◽  
Constitutional Jurisprudence ◽  
Law Of Delict

The Constitutional Court (CC) judgment of Lee v Minister of Correction Services 2013 2SA 144 (CC) is a recent contribution to transformative constitutional jurisprudence in the field of the law of delict. This matter turned on the issue of factual causation in the context of wrongful and negligent systemic omissions by the state. In this case note, I explore the law relating to this element of delictual liability with specific regard to the traditional test for factual causation – the conditio sine qua non (‘but-for’) test. In particular, I note the problems occasioned by formalistic adherence to this test in the context of systemic state omissions as evidenced by the SCA judgment in the same matter. I also consider the manner in which English courts have addressed this problem. Thereafter, I analyse the CC’s broader approach to the determination of factual causation as one based on common sense and justice. I argue that this approach endorses a break from a formalistic application of the test and constitutes a step towards an approach which resonates with the foundational constitutional values of freedom, dignity and equality. Furthermore, it presents an appropriate solution to the problems associated with factual causation where systemic omissions are concerned. I then consider the transformative impact of the Lee judgment. In particular, I argue that the broader enquiry favoured by the CC facilitates the realisation of constitutionally guaranteed state accountability, and amounts to an extension of the existing norm of accountability jurisprudence. Hence, I contend that the judgment presents a further effort by the Constitutional Court to effect wholesale the constitutionalisation of the law of delict, as well as a vindicatory tool to be used by litigants who have been adversely affected by systemic state omissions.

The alternative derivation procedure of equations of the law of the junction for the study of the p-n junction theory

2020 ◽  
pp. 002072092097813
Author(s):  
Algirdas Baskys
Keyword(s):  
Student Engagement ◽  
Student Interest ◽  
Student Survey ◽  
New Approach ◽  
Alternative Derivation ◽  
Student Activity ◽  
Comprehensive Knowledge ◽  
Modern Knowledge ◽  
The Law ◽  
Derivation Procedure

The methodology that increases the student interest and provides modern knowledge to the study of the p-n junction theory has been proposed. It is based on two methods: increasing the interest of students using a new approach in derivation of equations of the law of the junction that allows obtaining more comprehensive knowledge about the operation of the p-n junctions and engaging students using the storytelling technique. The reaction of students to the lecture, obtained statistics on the student activity and the results of the student survey show that the proposed methodology allows increasing the student engagement in the p-n junction theory lectures.

Forecasting State Income Tax Collections: A New Approach

1978 ◽  
Vol 6 (1) ◽  
pp. 67-91 ◽  
Author(s):  
David M. Reaume
Keyword(s):  
North Carolina ◽  
Income Distribution ◽  
Income Tax ◽  
The State ◽  
New Approach ◽  
State Income Tax ◽  
State Income ◽  
Complete Detail ◽  
The Law

This paper reports on an application of the microsimulation method to the estimation of income tax collections for the State of North Carolina. Detailed forecasts of Income distribution make it Possible to model the law in nearly complete detail. The model provides quarterly forecasts of collections disaggregated by withheld taxes, declarations payments, final payments, and refunds.

The Principles of Equity & Trusts

2018 ◽  
Author(s):  
Graham Virgo
Keyword(s):  
New Zealand ◽  
Common Law ◽  
Fiduciary Duty ◽  
Final Part ◽  
New Approach ◽  
The Subject ◽  
The Law ◽  
Contemporary Context

The Principles of Equity & Trusts offers a new approach to this dynamic area of law. This book examines the law of Equity and Trusts in its contemporary context, offering a critical and insightful commentary on the law, its application, and development. The text communicates both Equity and trust doctrine and also theory and reflects the modern understanding of the subject, as propounded both by the judiciary and commentators in England and other Common Law jurisdictions, notably Australia, Canada, New Zealand, and Singapore. The book consists of nine parts. Part I considers the history and contemporary relevance of Equity. Part II is about the express trust. Part III considers purpose trusts. Part IV then examines implied trusts. Part V is about beneficiaries. Part VI examines trustees’ powers and duties. Part VII examines variations of trusts. Part VIII is about breach of trust and fiduciary duty and the personal and proprietary remedies available for such breach. The final part examines other equitable remedies.

scholarly journals FAIR COMPETITION AND MANAGEMENT IN THE EUROPEAN UNION

2013 ◽  
Vol 8 (1) ◽  
pp. 4-5
Author(s):  
Camille Carbonnaux
Keyword(s):  
European Union ◽  
Law And Economics ◽  
Management Science ◽  
Decisive Factor ◽  
Law And Finance ◽  
The European Union ◽  
New Approach ◽  
Fair Competition ◽  
The Law

As part of the rapprochement between juridical science and management science, alongside the disciplines of Law and Economics and Law and Finance a new approach known as Law and Management has appeared (Masson & Bouthinon–Dumas 2011, p. 233). The latter aims at demonstrating that the law is not simply a source of constraint for economic operators; it can also be a source of opportunity and a lever for business prosperity. In this sense, this approach aims at understanding how businesses can use the law to their advantage and make it a decisive factor for their development (Ibidem). In the particular context of developing a competitive European strategy, the consideration of fair competition can render this new approach highly significant.

scholarly journals Four Strategies Of Murshid Tariqat In Optimizing Muzakiy Behavior In West Nusa Tenggara

INFERENSI ◽  
2021 ◽  
Vol 15 (1) ◽  
pp. 51-70
Author(s):  
Abdullah Abdullah ◽  
Akhmad Syahri ◽  
Muhammad Luthfi Abdullah
Keyword(s):  
Strong Influence ◽  
New Approach ◽  
High Compliance ◽  
Strategic Role ◽  
The Law ◽  
Reasonable Step

Indonesia, with 87.18% Of Muslims, has a high zakat potential reaching 217 trillion per year. However, the law and various ways suggested by experts still fail in collecting zakat. Through the data of collecting zakat, which only reaches 1.2%, therefore, a new approach and way are needed to maximize the collection of zakat. Research with observations, documentation, and interviews found that murshid tariqat has a strategic role in maximizing zakat collection. Murshid had a strong influence on students. Students' adherence to murshid in religious and socio-political affairs reached an average of 98%. The readiness of students' obedience in terms of zakat reached 100%. The high compliance and willingness to comply is a reasonable step to maximize the murshid order's strategic role in collecting zakat. Murshid's strategic step in collecting zakat can be maximized through four stages; first, establishing institutions amil zakat infaq and sadaqah; second, socialization and education about the law and wisdom of zakat, third professionalism ammil, fourth, distribution of zakat transparent and on target

Conceptual Considerations on the Notion of ‘Crimes against Humanity’

2018 ◽  
Author(s):  
Tilman Rodenhäuser
Keyword(s):  
Large Scale ◽  
The State ◽  
Crimes Against Humanity ◽  
Armed Groups ◽  
Effective Protection ◽  
Philosophical Debate ◽  
New Approach ◽  
The Law ◽  
The Rich

When considering which kinds of armed groups could form the entity behind crimes against humanity, legal debate has turned around the question of whether these groups need to be ‘state-like’ or not. As the law could support different interpretations, this first chapter on crimes against humanity engages with the rich philosophical debate on the crime’s main characteristics. Discussing a variety of philosophical works on this issue, this chapter develops a new approach, arguing that crimes against humanity should be understood as large-scale crimes committed in a context in which victims are deprived of any effective protection. It shows that such situations not only occur if states are involved in the crime, but also if armed groups commit large-scale crimes and the state is either unwilling or unable to halt them.

Experience of Reconstruction of Isosyllabic Poetry of the New Testament. Part 1

2020 ◽  
pp. 15-31
Author(s):  
Максим Глебович Калинин ◽  
Леонид Грилихес
Keyword(s):  
New Testament ◽  
Jesus Christ ◽  
New Approach ◽  
Sermon On The Mount ◽  
Original Language ◽  
Last Judgment ◽  
The New Testament ◽  
The Law ◽  
Law Of Moses ◽  
Poetic Texts

Предлагаемая публикация продолжает ряд работ прот. Леонида Грилихеса по семитской реконструкции новозаветных текстов. Вместе с тем, она познакомит читателя с принципиально новым подходом к реконструкции, который в ранних работах автора был лишь намечен. Прот. Леонид исходит из того, что притчи Иисуса Христа, а также значительно число Его других речей, представляли собой изосиллабические поэтические тексты. Другими словами, они включали в себя равное количество слогов в каждой строке. Устойчивые модели, стоящие за реконструируемыми текстами, позволяют прот. Леониду описать несколько языковых закономерностей, характерных для оригинального языка притч. Настоящая публикация позволит компетентному читателю ознакомиться с реконструкциями двух текстов: речи Иисуса о Законе Моисеевом из Нагорной проповеди и притчи о Страшном Суде. The present publication continues a series of works by archpriest Leonid Grilikhes on the «Semitic reconstruction» of the New Testament texts. At the same time, it represents a fundamentally new approach to the reconstruction, which was only outlined in archpriest Leonid’s early works. The author presumes that the parables of Jesus Christ, as well as a significant number of His other speeches, were isosyllabic poetic texts. In other words, they included an equal number of syllables in each line. The patterns represented by the reconstructed texts allow the author to describe several «rules» characteristic for the original language of the parables. The present publication familiarizes the competent reader with the reconstructions of two texts, namely, the speech of Jesus on the Law of Moses from the Sermon on the Mount, and the parable of the Last Judgment.

THE DOUBLE FAILURE OF ENVIRONMENTAL REGULATION AND DEREGULATION AND THE NEED FOR ECOLOGICAL LAW

2017 ◽  
Vol 26 (1) ◽  
pp. 265-285
Author(s):  
Massimiliano Montini
Keyword(s):  
Environmental Protection ◽  
Environmental Regulation ◽  
Economic Model ◽  
Environmental Law ◽  
Regulatory Regime ◽  
Second Phase ◽  
Negative Externalities ◽  
New Approach ◽  
The Law ◽  
Life On Earth

The evolution of environmental law in the last few decades has occurred in two main phases, which correspond to two opposing and sometimes conflicting trends. The first phase, which may be identified as the “environmental regulatory trend”, has been characterised by the attempt to protect the environment through the management of the negative externalities caused by the dominant economic model based on the pursuit of an unrestrained growth. Such a regulatory trend, despite producing an enormous corpus of legislation, has shown many deficiencies. The shortcomings of the environmental regulation trend have therefore paved the way for the advent of the second phase, characterised by an “environmental deregulatory trend”, which has promoted a shift towards the progressive revision of the existing legislation, with a view to simplifying and streamlining it. Unfortunately, both approaches have resulted in a substantial failure. The aim of the present paper is to analyse the double failure of environmental regulation and deregulation and to promote a possible way out. This will be identified as the need to revise the current regulatory regime for environmental protection and to promote a shift towards a new ecologically based approach to the law, which should primarily aim at the protection of the health and integrity of the ecosystems which support life on Earth. Moreover, in order to signal the decisive shift that the new approach should mark, a corresponding change in the name of the law aimed at the protection of the environment and ecosystems will be proposed: from environmental law to ecological law.

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