scholarly journals Fenomena Pedagang Kaki Lima dalam Sudut Pandang Kajian Filsafat Hukum dan Perlindungan Konsumen

Humaniora ◽  
2014 ◽  
Vol 5 (2) ◽  
pp. 1023
Author(s):  
Shidarta Shidarta
Keyword(s):  
Public Policy ◽  
Subject Matter ◽  
Legal Protection ◽  
Legal Philosophy ◽  
Main Concern ◽  
Street Vendor ◽  
Street Vendors ◽  
Street Vending ◽  
The Subject ◽  
Points Of View

Street vending always becomes one of main problems in many big cities like Jakarta if the existence of street vendors is perceived as a burden and never comprehensively addressed. It is the main concern raised in this article . A more comprehensive perspective can be applied by using philosophical and legal approaches . This article provides two points of view in term of the phenomena, i.e. legal philosophy and consumer [legal] protection. The first relates the subject matter to the universal legal values known as the legal objectives. The second one includes two perspectives, i.e. the proctection for consumers of street vendor’s products and that for street vendor as consumer of [legal] public policy. 

International Law and Colombian Constitutionalism: A Note on Monism

1942 ◽  
Vol 36 (4) ◽  
pp. 614-620
Author(s):  
William Marion Gibson
Keyword(s):  
Supreme Court ◽  
International Law ◽  
Subject Matter ◽  
The Other ◽  
Legal Philosophy ◽  
State Practice ◽  
The Subject ◽  
National Constitution ◽  
Relationship Of ◽  
The Relationship

In explaining the nature of international law, each of the two major schools of thought draws upon legal philosophy and practice for evidence in support of its interpretation. It is not the purpose of this note to offer any conclusions or proofs as to the validity of the reasoning of one or the other of the two schools. It would require more than the subject-matter here considered to prove the “Monist” position, or to detract from that of the “Dualist.” However, inasmuch as state practice is one of the guides to the resolution of the debate on the nature of international law, it is hoped that an explanation of the attitude of the Colombian Supreme Court concerning the relationship of pacta to the national constitution and legislation of that state may merit mention.

On hating and despising legal philosophy

2021 ◽  
Vol 46 (1) ◽  
pp. 29-50
Author(s):  
Jesse Wall
Keyword(s):  
Subject Matter ◽  
Legal Theory ◽  
Critical Distance ◽  
Legal Philosophy ◽  
Philosophical Practice ◽  
Current Form ◽  
Philosophical Inquiry ◽  
Cry For Help ◽  
The Subject ◽  
Legal Theorist

This article is a cry for help. It is a search for some possible view of legal philosophy that does not render it either intrinsically useless or useless in its current form. In this article I focus on two methodological hallmarks of contemporary anglophone legal philosophy. The first is the Archimedean way in which the legal theorist places a critical distance between him- or herself and the subject matter of the philosophical inquiry. The second is the introverted way in which the accuracy of any given legal theory is confined to the theorist’s own puzzles, concerns, controversies, and preoccupations. Whilst I consider those who have turned against these methodological commitments and called for an anti-Archimedean or extroverted approach to legal theory, I explain how those who accept both commitments adopt a very modest view of the helpfulness of legal philosophy. I then consider whether, contrary to the modest view, if we accept both commitments, then whatever is true in legal philosophy will always be trivially true, irrelevant, or inconsequential, for any non-philosophical practice or non-philosophical inquiry about the law. The value of this article, I hope, lies in its refutation.

Managing Contentious Collective Action

2021 ◽  
pp. 109-129
Author(s):  
Calla Hummel
Keyword(s):  
Collective Action ◽  
Participant Observation ◽  
Street Vendor ◽  
La Paz ◽  
Street Vendors ◽  
Street Vending ◽  
Trade Offs ◽  
Survey Results ◽  
The Many ◽  
The City

Chapter 5 develops an ethnography of street vendors, their organizations, and the city officials who they interact with in the city of La Paz, Bolivia. The chapter is based on 14 months of ethnographic fieldwork in the city over four research trips in 2012, 2014 to 2015, 2018, and 2019 as well as administrative data on 31,906 street vending licenses in the city. Fieldwork included interviews, participant observation at dozens of meetings between bureaucrats and organized vendors, ride-alongs with the Municipal Guard, a street vendor survey, working as a street vendor in a clothing market, and selling wedding services with a street vendor cooperative. The theory’s observable implications are illustrated with ethnographic evidence, survey results, and license data from La Paz. I discuss how street vending has changed in the city and how officials have intervened in collective action decisions as the informal sector grew. The chapter demonstrates that officials increased benefits to organized vendors as the costs of regulating markets increased. Additionally, the leaders that take advantage of these offers tend to have more resources than their colleagues, and as the offers increased, so did the level of organization among the city’s street vendors. The chapter also discusses the many trade-offs that officials make in implementing different policies, and how officials manage the often combative organizations that they encourage.

Collingwood’s Opposition to Biography

2012 ◽  
Vol 6 (1) ◽  
pp. 44-59 ◽  
Author(s):  
Vasso Kindi
Keyword(s):  
Subject Matter ◽  
Main Concern ◽  
Work Of Art ◽  
Artistic Creation ◽  
Positive View ◽  
History Of Art ◽  
History Of ◽  
The Subject ◽  
Portrait Painting ◽  
Entertainment Value

Abstract Biography is usually distinguished from history and, in comparison, looked down upon. R. G. Collingwood’s view of biography seems to fit this statement considering that he says it has only gossip-value and that “history it can never be”. His main concern is that biography exploits and arouses emotions which he excludes from the domain of history. In the paper I will try to show that one can salvage a more positive view of biography from within Collingwood’s work and claim that his explicit attacks against biography target specifically the sensationalist kind. First, I will show that Collingwood, in his later writings, allowed that, not only thought, but also relevant emotions can be the subject matter of history, which means that even if one takes biography to deal with emotions, it can still qualify as history. Second, I will argue, based mainly on Collingwood’s Principles of Art, that biography can be compared to portrait painting, in which case, it can be redeemed as a work of art and not just craft and, thus, have more than entertainment value. It can also be part of history, and more specifically part of the history of art which Collingwood endorses, if one takes the life of an individual, recounted by a biographer, to be an artistic creation, as Collingwood seems to suggest.

scholarly journals Critique of the reflexive-referential analysis of phenomenal knowledge

2009 ◽  
Vol 52 (2) ◽  
pp. 53-67
Author(s):  
Miljana Milojevic
Keyword(s):  
Subject Matter ◽  
Semantic Theory ◽  
Main Concern ◽  
Basic Assumptions ◽  
Phenomenal Knowledge ◽  
New Knowledge ◽  
The Subject ◽  
The Given

The main concern of this paper is John Perry's attempt to analyze phenomenal knowledge in a way that avoids the objection which states that the non-deducibility of this kind of knowledge leads to the ontological conclusion that physicalism must be false. The attempt in question determines the content of phenomenal knowledge with a help of the reflexive-referential semantic theory which enables us to explain a growth in knowledge without introducing new (non-physical) facts on the subject matter level as the object of this new knowledge. I will argue that even on the assumption that the case of phenomenal knowledge is just another case of recognition knowledge, as Perry argues, the end result of the analysis suffers from unavoidable inconsistencies and the given analysis of the content of phenomenal knowledge proves to be incompatible with the basic assumptions of the central argumentation.

scholarly journals Testamentary trusts and capricious testators

2020 ◽  
Vol 26 (3) ◽  
pp. 222-226
Author(s):  
Mark Pawlowski
Keyword(s):  
Public Policy ◽  
Subject Matter ◽  
The Face ◽  
The Subject

Abstract The notion that a trust may fail because it serves no useful purpose, or reflects merely the whim or fancy of the testator, seems to fly in the face of testamentary freedom and, in particular, the testator’s right to dispose of his estate in whatever manner he chooses subject only to the court’s control over illegal or immoral conditions and the making of reasonable financial provision for his family and dependants. So how have the courts grappled with these two competing aspects of public policy? The tension between these two competing aspects of public policy forms the subject matter of this article.

6. Patentable Subject Matter

2019 ◽  
pp. 139-161
Author(s):  
Justine Pila ◽  
Paul L.C. Torremans
Keyword(s):  
Public Policy ◽  
Subject Matter ◽  
Industrial Application ◽  
Patent Protection ◽  
Patent Law ◽  
European Patent ◽  
Legal Principles ◽  
The Subject ◽  
Patentable Subject Matter

This chapter considers the subject matter for which European patents may validly be granted under the European Patent Convention (EPC), and the substantive European (EPC and EU) legal principles governing their identification and conception. To this end it discusses the two-fold role of the requirement for an invention in European patent law: first, as a means of filtering protectable from non-protectable subject matter; and second, as a means of denoting the object of patent protection, i.e. that which must be new, inventive, susceptible of industrial application, and clearly and sufficiently defined and described in the patent specification, and that with reference to which the scope of the patent monopoly is defined under Article 69 EPC. It also discusses the range of public policy-based exclusions from European patentability, and their relation to the requirement for an invention itself.

Statistical estimation

1948 ◽  
Vol 7 (03) ◽  
pp. 144-173
Author(s):  
L. Solomon
Keyword(s):  
Subject Matter ◽  
Statistical Estimation ◽  
Inductive Logic ◽  
Daily Work ◽  
Study Research ◽  
Intellectual Inquiry ◽  
Deductive Logic ◽  
Wide Range ◽  
The Subject ◽  
Points Of View

The rules of deductive logic are inculcated throughout our intellectual education. They are universally accepted. They provide firm standards of judgement for many aspects of academic study, research, and of our daily work. It is from some points of view perhaps a matter of regret—and from others of challenge–that their scope is not all-embracing, and that a wide range of problems, both of practical affairs and of intellectual inquiry, is beyond their jurisdiction. These problems, of which the subject-matter of this essay is one, involve the process known as induction, or inductive logic. Rules, standards of judgement, do exist in this field, but few have won universal acceptance and many are the subject of vigorous philosophical dispute.

scholarly journals Klauzula porządku publicznego a uznawanie zagranicznych orzeczeń, których przedmiotem jest uznanie wyroku lub stwierdzenie jego wykonalności

2019 ◽  
Vol 24 ◽  
pp. 21-46
Author(s):  
Maciej Zachariasiewicz
Keyword(s):  
Public Policy ◽  
Subject Matter ◽  
Civil Procedure ◽  
Comparative Approach ◽  
European Law ◽  
The Public ◽  
Eu Legislation ◽  
Recognition And Enforcement ◽  
The Subject ◽  
Domestic Law

The paper is devoted to the admissibility of recognition and enforcement of a judgment of a foreign court, the subject matter of which is recognition or declaration of enforcement of a judgment from yet another state (judgment on judgment). The issue is discussed in particular with reference to the public policy exception which constitutes a ground for refusal of recognition or enforcement of foreign judgments, both under Polish domestic law (the Code of civil procedure) and European law (Brussels I bis Regulation). It remains controversial whether the judgments on judgments should be recognized, thus benefiting from the so called “parallel entitlement”. The article takes a comparative approach, examining solutions adopted by various legal systems and analysing arguments for and against recognition of such decisions. The author takes the position that they should not be recognized (and that their enforceability should not be declared) in Poland, both under the Code of civil procedure (as with respect to judgments originating from non-EU states), as well as under EU legislation, in particular Brussels I bis Regulation. It is advocated that the concept of a “parallel entitlement” should be rejected.

scholarly journals IMPLEMENTASI PENANGANAN TINDAKAN KEKERASAN DALAM RUMAH TANGGA TERHADAPPEREMPUAN BERDASARKAN UNDANG-UNDANG NOMOR 3 TAHUN 2004 TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA

PRANATA HUKUM ◽  
2017 ◽  
Vol 12 (2) ◽  
pp. 44-53
Author(s):  
Dwi Putri Melati
Keyword(s):  
Domestic Violence ◽  
Subject Matter ◽  
Legal Protection ◽  
Legal Research ◽  
Married Life ◽  
Violent Acts ◽  
The Subject ◽  
The Law ◽  
Husband And Wife

Some of the problems we encounter in married life, and often the occurrence of violence between husband and wife, then the subject matter in this paper about the handling of the law on acts of domestic violence experienced by women under the law no. 3 of 2004 on the Elimination of Domestic Violence. Problem approach using normative juridical approach (legal research). The victim can make a complaint on the violent acts committed by the victim's husband / wife, because in the complaint the authorities will not process the action without any complaints from the victim, it can also be revoked by the victim which in fact is the husband / wife of the perpetrator. Law enforcers must be firm in handling cases of domestic violence, Doers of Domestic Violence really should be processed fairly, victims of domestic violence should get legal protection

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