The normative role of the economic legal rule and the results of its application to the investment law in the Kurdistan region

2021 ◽  
Author(s):  
Tahseen Hamah Saeed
Keyword(s):  
Law And Economics ◽  
Legal Rule ◽  
Kurdistan Region ◽  
Anglo Saxon ◽  
Legal Rules ◽  
Transnational Companies ◽  
Investment Law ◽  
The Law ◽  
Modern Era

The reciprocal treatment between law and economics has become a fact in the real world. And that the influence and influence between them reached the point of putting the independence of each under question. The central role that the economy plays in the modern era, especially after the emergence of the phenomenon of globalization and the spread of transnational companies and the dominance of the liberal and capitalist intellectual current, caused the emergence of a special type of law and legal rules called economic legal rules that have characteristics that distinguish them from other legal rules. This is due to the special nature of the economy of change. Fast and complex. And it came to the point that some scholars claimed that the economy has become in the center and that the law lacks its independence and has no function but to regulate the affairs of the economy so that the latter performs its original and important function in modern societies. Although the opinion regarding the relativity of this independence differs among the jurists of the Latin school from the Anglo-Saxon school. The jurists of the Latin school in general recognize more independence of the law, while the Anglo-Saxon jurists go to the more influence of the economy on the law than the effect of the law on the economy. Especially in developing countries in need of development and development. That is why the researcher tries to apply the result of the structural role of the economic legal base on one of the economic laws in the afflicted Kurdistan region, which needs the most what it needs is change and development in both areas of law and economy. Especially with regard to investing and working with internal capital and attracting foreign investors, in order to remove some injustice from the oppressed people at a time when the reality was finally fair and gave them the opportunity to have their legitimate authority and enjoy the opportunity to rise and move to reach the level of progress of the world in the modern era and keep pace with what its brothers have reached in humanity from other peoples.

Body and law in late Anglo-Saxon England

1998 ◽  
Vol 27 ◽  
pp. 209-232 ◽  
Author(s):  
Katherine O'Brien O'Keeffe
Keyword(s):  
The Body ◽  
Anglo Saxon ◽  
Manuscript Production ◽  
History Of ◽  
The Subject ◽  
The Law ◽  
The Individual ◽  
And Control ◽  
Point Of Departure

This article explores some textual dimensions of what I argue is a crucial moment in the history of the Anglo-Saxon subject. For purposes of temporal triangulation, I would locate this moment between roughly 970 and 1035, though these dates function merely as crude, if potent, signposts: the years 970×973 mark the adoption of the Regularis concordia, the ecclesiastical agreement on the practice of a reformed (and markedly continental) monasticism, and 1035 marks the death of Cnut, the Danish king of England, whose laws encode a change in the understanding of the individual before the law. These dates bracket a rich and chaotic time in England: the apex of the project of reform, a flourishing monastic culture, efflorescence of both Latin and vernacular literatures, remarkable manuscript production, but also the renewal of the Viking wars that seemed at times to be signs of the apocalypse and that ultimately would put a Dane on the throne of England. These dates point to two powerful and continuing sets of interests in late Anglo-Saxon England, ecclesiastical and secular, monastic and royal, whose relationships were never simple. This exploration of the subject in Anglo-Saxon England as it is illuminated by the law draws on texts associated with each of these interests and argues their interconnection. Its point of departure will be the body – the way it is configured, regarded, regulated and read in late Anglo-Saxon England. It focuses in particular on the use to which the body is put in juridical discourse: both the increasing role of the body in schemes of inquiry and of punishment and the ways in which the body comes to be used to know and control the subject.

The Role of Rules in the Law of Evidence

2021 ◽  
pp. 69-82
Author(s):  
Frederick Schauer
Keyword(s):  
Common Law ◽  
Legal Systems ◽  
Legal Rules ◽  
European Approach ◽  
The Subject ◽  
The Law ◽  
Law Of Evidence

This chapter starts out with Bentham’s antinomian thesis that rejected the very idea of setting up rules for selecting and evaluating evidence. Bentham believed that factfinding should be governed by epistemically good reasons as a process unconstrained by artificial legal rules. The author observes that most legal systems took up this approach by softening the hard edges of rules (as in common law jurisdictions) and by following the basically free-proof model of factfinding (as in countries that adopted the continental European approach). Yet, he claims that the law of evidence still remains substantially an affair of rules. Why this is the case and whether it should be the case, is the subject of this chapter.

9 SUMMARY This chapter has been concerned with introducing, in some depth, common law/ case law, the second major source of English legal rules discussed in this book. The role of the judiciary in the development of English law has become apparent as the chapter has progressed. This chapter has also indicated the central importance of a careful dissection of the law reports to ensure that the correct aspects of the case are correctly summarised for a case note and further use. Taken together with Chapter 3, the foundations of an indispensable ‘how to’ approach have been laid. It is now appropriate in the next chapter to place this foundation in its European context looking at the law relating to European human rights and fundamental freedoms and the law relating to the European Community. In Chapter 9, three sources of English law (legislation, case law and European Community law) are further developed by being brought together in a case study. 4.10 FURTHER READING As already mentioned in Chapter 3, if you are a law student the ground covered by this chapter will also be covered in English legal system courses and constitutional or public law courses. Coverage of reading cases can be found in the following excellent texts relating to both the theoretical and practical aspects of legal method. • Sychin, C, Legal Method, 1999, London: Sweet & Maxwell, Chapters 7 and 8. • Twining, W and Miers, D, How To Do Things With Rules, 4th edn, 1999, London: Butterworths, Chapters 7 and 8.

2012 ◽  
pp. 126-126
Keyword(s):  
European Community ◽  
Case Law ◽  
Legal Rules ◽  
Legal Method ◽  
English Law ◽  
The Law ◽  
Law Student ◽  
Law Reports

scholarly journals Silence, joint enterprise and the legal trap

2021 ◽  
pp. 174889582199162
Author(s):  
Susie Hulley ◽  
Tara Young
Keyword(s):  
Young People ◽  
Primary Concern ◽  
Criminal Trials ◽  
Legal Rules ◽  
Legal Response ◽  
Legal Risks ◽  
The Law ◽  
Joint Enterprise ◽  
Secondary Liability

The so-called ‘wall of silence’ presents a threat to successful police investigations and criminal trials. Explanations for it have focused on cultural narratives, including distrust in the police, a ‘no snitching’ culture and manipulative ‘professional criminals’. Drawing on a study of serious multi-handed violence and ‘joint enterprise’ as a legal response, this article highlights the role of the law, and its agents, in generating silence among young suspects, whose primary concern is the legal risks of talking. Yet, these young people face a precarious trap, as their silence is interpreted as guilt by the police, propelling them towards charge. This article concludes that to avoid over-charging and to encourage young people with knowledge of serious violence to talk, structural change is needed. The system must reverse the legal rules regarding silence and reform the law on secondary liability to reduce the legal risks of talking.

scholarly journals Should the Law Do Anything about Economic Inequality

2018 ◽  
Author(s):  
Matthew Dimick
Keyword(s):  
Tax Policy ◽  
Law And Economics ◽  
Economic Inequality ◽  
Wealth Inequality ◽  
Legal Rule ◽  
Tax System ◽  
Legal Rules ◽  
Optimal Tax Policy ◽  
Optimal Tax ◽  
Redistribute Income

Cornell Journal of Law and Public Policy: Vol. 26 : Iss. 1 , Article 1What should be done about rising income and wealth inequality? Should the design and adoption of legal rules take into account their effects on the distribution of income and wealth? Or should the tax-and transfer system be the exclusive means to address concerns about inequality? A widely-held view argues for the latter: only the tax system, and not the legal system, should be used to redistribute income. While this proposition comes in a variety of normative arguments and has support across the political spectrum, there is also a well-known law-and economics version. This argument, known as the “double-distortion” argument, is simply stated. Legal rules that redistribute income only add to the economic distortions that are already present in the tax system. It would therefore be better for everyone, and especially the poor, to instead adopt an efficient, nonredistributive legal rule, and increase redistribution through the tax system.This Article challenges the double-distortion argument from a law and-economics perspective. There are two main arguments, in addition to several other subsidiary points. First, in the abstract, there is no reason to believe that legal rules that have redistributive effects will always reduce efficiency; indeed, they can sometimes increase efficiency. Examples from the regulation of product markets, labor markets, and financial markets underscore this claim. In these cases, legal redistribution is more efficient than redistribution through the tax system. Second, legal rules are likely to be more attractive than taxation precisely in cases where inequality itself or normative concern about inequality is high. Under the optimal tax policy, higher inequality or greater concern about inequality will justify larger tax distortions. Therefore, a particular legal rule is more likely to be more efficient than the optimal tax policy under these circumstances. The ultimate conclusion is that a mix of legal rules and taxation, rather than taxation exclusively, will be the best way to address economic inequality.

scholarly journals The Role of Regional Monitoring Assembly (MPD) Taking Control of The Check / Honorarium Services in The District of Cirebon

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 517
Author(s):  
Arif Rakhman ◽  
Jawade Hafidz
Keyword(s):  
Public Life ◽  
Legal Profession ◽  
Public Official ◽  
Legal Certainty ◽  
Regional Monitoring ◽  
Legal Rules ◽  
The Public ◽  
Legal Problems ◽  
The Law

Notary as a public official, as well as a profession, position is very important in helping to provide legal certainty for the public. Notaries must prevent legal problems later in life through authentic agreement he made as a perfect proof in court. Notaries have a role in activities run the legal profession that can not disconnect from the fundamental issues relating to the functions and roles of law where the law itself, which is defined as the legal rules that govern all public life. This authority can not be applied because it has not yet issued the implementing regulations for the expansion of the notary's authority.Keywords: Notary Official; The Function of Notaries; Notary Competition.

scholarly journals Islamic Law from the Internal Point of View

2021 ◽  
Vol 2 (1) ◽  
Author(s):  
Haider A. Hamoudi
Keyword(s):  
Islamic Law ◽  
Legal Rule ◽  
Point Of View ◽  
Internal Point ◽  
Legal Rules ◽  
Internal View ◽  
Historical Method ◽  
Making Sense ◽  
Points Of View ◽  
The Law

Haider Hamoudi notes the different perspectives lawyers and historians employ in making sense of the law. Invoking H.L.A. Hart’s famous distinction between “internal” and “external” points of view with respect to law and legal rules, Hamoudi describes lawyers as primarily adopting the former, and historians, the latter point of view. This is not to suggest that lawyers do not take history into consideration, but rather to mean that when they do, their focus is results oriented in that they use history to understand the ultimate endpoint, the contemporaneous meaning of a legal rule or institution. Hamoudi observes two consequences emanating from lawyers’ adoption of the internal view that puts lawyers somewhat at odds with the demands of historical method and meaning. While deliberately omitting discussion on the normative desirability of either method, Hamoudi concludes by observing value in merely pointing out the differences between the internal and external viewpoints of law and history, respectively, to help expose “our own biases and assumptions.”

Introduction

2021 ◽  
pp. 1-16
Author(s):  
Omri Ben-Shahar ◽  
Ariel Porat
Keyword(s):  
Big Data ◽  
Optimal Design ◽  
Legal Order ◽  
New Paradigm ◽  
Legal Rules ◽  
The Law

This chapter introduces the main themes of the book. Personalized law is a new paradigm of legal order, where uniform rules are replaced by commands that vary across people. Like other personalized schemes, personalized law would rely on algorithms that sort through Big Data to identify personal features relevant to the optimal design of personalized legal treatments. The chapter illustrates this novel regime by imagining a day in the life of a typical household. It then outlines the benefits, but also the challenges and problems of personalized law, and maps out how the book addresses them. Part I of the book examines the benefits of personalized law. Part II demonstrates personalized legal rules in a variety of areas. Part III addresses the problem of equality under the law. Part IV explores additional problems of coordination, manipulation, and the power of data in the hands of governments. The concluding chapter discusses the role of human lawmakers in personalized law.

scholarly journals The Role of Logic In Construction Judicial Decisions

2020 ◽  
Vol 7 (4) ◽  
pp. 373-394
Author(s):  
Shakhawan Khdir Rasul
Keyword(s):  
Legal Rules ◽  
Judicial Decisions ◽  
The Social ◽  
The Law ◽  
The Relationship

We also know that the importance of judicial judgments in the consideration that the law is the organization of the relationship between individuals and society, at the social and administrative level, and the rulings because the law is the legal rules and regulates relations in society, by adhering to the rules, it establishes order and achieves stability by establishing a balance between the interests and individuals that are intertwined and conflicting and this is done by identifying the legal positions of each individual, and therefore from this perspective of a philosophical vision consisting of the following proposals, I wonder whether in this type of law can regulate in this type of law Relationships only.

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