Wrongful Treatment of Prisoners: A Case Study of Ch'ing Legal Practice

1964 ◽  
Vol 23 (2) ◽  
pp. 227-244 ◽  
Author(s):  
Judy Feldman Harrison
Keyword(s):  
Political Behavior ◽  
Legal System ◽  
Central Government ◽  
The Other ◽  
Legal Practice ◽  
Government Officials ◽  
Administration Of Justice ◽  
The Law ◽  
The One

A Study of the Ch'ing legal system, the culmination of the experience of many dynasties, provides clues to the understanding of Chinese political behavior before extensive Western contact. For this period, the decisions of the Board of Punishments (hsing-fu) recorded in the collection of cases known as the Hsing-an hui-lan form an important body of law. Of these, the cases pertaining to the illegal punishment of prisoners by government officials are particularly interesting. An analysis of thirty of these cases suggests answers to the following questions: 1) Did the Board of Punishments have the attributes of an independent law court? 2) Was the law which the Board of Punishments applied internally consistent and capable of growth ? 3) Was protection from official brutality adequately guaranteed by law?The Board of Punishments, one of the six ministries of the central government, was the formal organ most responsible for the administration of justice. In judicial matters, it served as a buffer between the provincial authorities on the one hand and the emperor on the other.

Consensual Elements in German Criminal Procedural Law

2014 ◽  
Vol 15 (1) ◽  
pp. 15-42
Author(s):  
Folker Bittmann
Keyword(s):  
Legal System ◽  
Criminal Procedure ◽  
The Other ◽  
The Past ◽  
Procedural Law ◽  
Other Hand ◽  
The Law ◽  
The One

The aim of German criminal procedural law is not to convict the accused at any cost. Even a guilty party can only be convicted if the criminal procedure is held in accordance with the law. If this is not possible, the German legal system accepts the risk of possibly acquitting a guilty party; it finds this more tolerable than the irregular conviction of the culprit. A criminal procedure seeks the truth. Only on the basis of a judicial conviction of the crime and its culprit may a sentence be imposed. This, though, can only be based on the so-calledprocedural truth.On the one hand, the past can never be reconstructed precisely; on the other hand, clarification can only be found through legal means and by following designated paths allowed by procedural law. Therefore, further investigation must cease if it is only possible to proceed by violating procedural law.

Ambivalence towards law: Business Improvement Associations, public disorder and legal consciousness

2010 ◽  
Vol 6 (4) ◽  
pp. 323-342 ◽  
Author(s):  
Prashan Ranasinghe
Keyword(s):  
Legal System ◽  
Coming Out ◽  
Analytical Framework ◽  
Business Community ◽  
The Other ◽  
Legal Consciousness ◽  
The Law ◽  
Public Disorder ◽  
The One ◽  
The Way

AbstractThis article examines the ways the business community – here operationalised through Business Improvement Associations (BIAs) – thinks about and makes sense of the Law and the legal system, its legal consciousness, in other words. I suggest that the way BIAs think about and make sense of the Law is best described as ambivalent, ranging from reverence to disenchantment: on the one hand, the Law is (like) God, but on the other, the Law is also a source of angst, frustration, hopelessness and powerlessness. Drawing on the analytical framework of legal consciousness, I suggest, provides a good platform from which to explore whether the ‘haves’ come out ahead, and what coming out ahead might mean and look like to them. Equally, the ambivalence towards law shows that the ways the ‘haves’ make sense of the Law might not always be that antithetical to the way the ‘have-nots’ make sense of the Law.

Interrelationships between municipal spatial policy strategy and airport operation and development. Lodz Airport case study

2018 ◽  
Vol 59 (1) ◽  
pp. 65-79
Author(s):  
Katarzyna Nikorowicz-Zatorska
Keyword(s):  
Land Use ◽  
Urban Planning ◽  
Cultural Development ◽  
The Other ◽  
Local Authorities ◽  
Spatial Management ◽  
The One ◽  
Surrounding Areas

Abstract The present paper focuses on spatial management regulations in order to carry out investment in the field of airport facilities. The construction, upgrades, and maintenance of airports falls within the area of responsibility of local authorities. This task poses a great challenge in terms of organisation and finances. On the one hand, an active airport is a municipal landmark and drives local economic, social and cultural development, and on the other, the scale of investment often exceeds the capabilities of local authorities. The immediate environment of the airport determines its final use and prosperity. The objective of the paper is to review legislation that affects airports and the surrounding communities. The process of urban planning in Lodz and surrounding areas will be presented as a background to the problem of land use management in the vicinity of the airport. This paper seeks to address the following questions: if and how airports have affected urban planning in Lodz, does the land use around the airport prevent the development of Lodz Airport, and how has the situation changed over the time? It can be assumed that as a result of lack of experience, land resources and size of investments on one hand and legislative dissonance and peculiar practices on the other, aviation infrastructure in Lodz is designed to meet temporary needs and is characterised by achieving short-term goals. Cyclical problems are solved in an intermittent manner and involve all the municipal resources, so there’s little left to secure long-term investments.

Law’s Contradictions

2018 ◽  
Author(s):  
Nimer Sultany
Keyword(s):  
The Other ◽  
Political Actors ◽  
Political Conflicts ◽  
Other Hand ◽  
The Law ◽  
The One

This chapter analyzes concrete Egyptian and Tunisian cases that showcase the interplay between continuity and rupture. These cases illustrate the lack of a systemic relation between law and revolution. On the one hand, the judiciary that interprets and applies the law is part of the very social and political conflicts it is supposed to resolve. On the other hand, the law is incoherent and there are often resources within the legal materials to play it both ways. Thus, the different forces at work use both continuity and rupture to advance their positions. Furthermore, legitimacy discourse mediates the contradictions between law and revolution in the experience of different legal and political actors. This mediation serves an ideological role because it presupposes a binary dichotomy between continuity and rupture, papers over law’s incoherence by reducing it to a singular voice, and reduces revolution to an event rather than a process.

Insider Trading in Israel and England, Part II

1972 ◽  
Vol 7 (3) ◽  
pp. 373-410
Author(s):  
Aharon Yoran
Keyword(s):  
Insider Trading ◽  
The Other ◽  
Fiduciary Duties ◽  
The Law ◽  
The One

It is submitted that even if the hapless outsider cannot bring an action for damages because of the existing state of the law regarding fiduciary duties and breach of statutory duties, he still has an equitable remedy of rescission of the contract based on quasi-contractual principles. The crime of fraud, under secs. 13 and 54, respectively, would be made the basis of setting the contract (of sale or purchase) aside. To support this proposition we shall explore the quasi-contractual principles which enable one contracting party, the victim of a crime committed by the other party in entering the contract, to defeat this contract.In Browning v. Morris, in an oft-quoted statement by Lord Mansfield, the following principle was declared: But, where contracts or transactions are prohibited by positive statutes, for protecting one set of men from another set of men; the one, from their situation and condition, being liable to be oppressed or imposed upon by the other; there, the parties are not in pan delicto; and in furtherance of these statutes, the person injured, after the transaction is finished and completed, may bring an action and defeat the contract.

Preventive Confinement of Dangerous Offenders

2004 ◽  
Vol 32 (1) ◽  
pp. 56-72 ◽  
Author(s):  
Stephen J. Morse
Keyword(s):  
Legal Theory ◽  
The Other ◽  
Legal Issue ◽  
Central Theme ◽  
Sexual Predators ◽  
Dangerous Offenders ◽  
New Form ◽  
The Law ◽  
The One ◽  
Constitutional Regime

How to respond justly to the dangers persistent violent offenders present is a vexing moral and legal issue. On the one hand, we wish to reduce predation; on the other, we want to treat predators fairly. The central theme of this paper is that it is difficult to achieve both goals without compromising one of them, and that both are being seriously undermined. I begin by explaining the legal theory, doctrine and practice governing dangerous offenders (DO) and demonstrate that the law leaves a gap in the ability to confine them. Next I explore the means by which the law has overtly or covertly sought to fill the gap. Many of these measures, especially the new form of civil commitment for sexual predators, dangerously conflate moral and medical categories. I conclude that pure preventive detention is more common than we usually assume, but that this practice violates fundamental assumptions concerning liberty under the American constitutional regime.

scholarly journals How emissions from cruise ships in the port of Naples changed in the COVID-19 lock down period

2021 ◽  
pp. 147509022110284
Author(s):  
Luigia Mocerino ◽  
Franco Quaranta
Keyword(s):  
Local Scale ◽  
The Other ◽  
Cruise Ships ◽  
Global Pandemic ◽  
Transportation Sector ◽  
Reduction Of Emissions ◽  
The One ◽  
Global And Local

The scope of this work is to try to quantify the reduction of emissions due to COVID-19; an analysis covering the entire port of Naples will be presented. The explosion of the global pandemic from SARS-CoV-2 led to the adoption of local and global countermeasures aimed at containing contagions. The transportation sector, and in particular the passenger moving sector, was deeply affected; this almost total block of movements between regions and countries if, on the one hand, seriously slowed the economy, on the other, it drastically reduced the emissions on a global and local scale. In this work, the case study of the cruise ships berthed at the Maritime Station (Stazione Marittima) in the port of Naples is examined. The traffic of cruise ships during the lockdown and in the immediately following months was analysed and compared first with respect to the calendars scheduled for the same period and then with respect to the same months of 2019. The reduction in number of cruise ships and passengers were analysed and compared to the previous trends. The vessels collected, for 2019 and 2020 (both those that arrived and those that suffered the effects of the movement block) were subsequently characterized in terms of power and speed. Finally, an estimate of the emissions of NOX, SOX, CO2 produced and saved was carried out. The 2020 results will be compared with the hypothetical emissions that would have occurred in the absence of the lockdown and with those of the same period of the previous year.

STUDI KRITIS JUAL BELI DEKORASI UANG MASKAWIN

Al-MAJAALIS ◽  
2018 ◽  
Vol 6 (1) ◽  
pp. 1-36
Author(s):  
Muhammad Arifin Badri
Keyword(s):  
The Other ◽  
Other Hand ◽  
Business Opportunities ◽  
The Law ◽  
The One ◽  
High Level

This study aims to examine the laws of dowry money decoration that are common in the community. The innovation and soul of art that is channeled through décor of dowry money is proven to produce beautiful and unique works, so as to attract the attention and interest of the wider community. However, because to produce beautiful and unique works, a high level of creativity is needed, so not everyone can do it. On the one hand, this phenomenon opens up quite good business opportunities, but on the other hand, it should be watched out, because in some conditions it contains the practice of buying and selling currencies with nominal differences. Through this study, I would like to uncover the law of buying and selling practices decorating dowry money and decorating services. As I also intend to present an applicative solution for the community so that they can still channel their artistic talents without violating Shari’ah law.

Probleme de interpretare privind constituționalitatea și capacitatea juridică a subdiviziunilor administrativ-teritoriale

2020 ◽  
Vol 2019 ◽  
pp. 126-133
Author(s):  
Vlad-Cristian SOARE ◽  
Keyword(s):  
Legal System ◽  
Administrative Law ◽  
The Other ◽  
Political Regime ◽  
Legal Capacity ◽  
Other Hand ◽  
The One ◽  
The Right ◽  
The Revolution

"The fundamental transformations through the Romanian state passed since the Revolution of December 1989, have also put their mark on the legal system. For this reason, there have been major changes in the content of administrative law. However, the regulation of the territorial-administrative subdivisions survived the change of political regime, due to Law 2/1968. Moreover, regulations on administrative-territorial subdivisions are also found in Law 215/2001 and in the 1991 Constitution, revised in 2003. This has led to problems of interpretation. Thus, on the one hand, we need to identify who has the right to constitute administrative-territorial subdivisions, and on the other hand, it must be seen whether the answer to the first question, leads to a possible interpretation that would be unconstitutional. At the same time, administrative-territorial subdivisions have created problems of interpretation regarding their legal capacity. Through this article, we have proposed to look at the issues mentioned above."

Dismissal with Monetary Consideration under Art. 232, para. 2 of the Labour Code

De Jure ◽  
2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Hristo Banov ◽  
Keyword(s):  
Employment Relationship ◽  
The Other ◽  
Employment Contract ◽  
Other Hand ◽  
Unilateral Termination ◽  
The Law ◽  
The One ◽  
Rules Set ◽  
Final Calculation

The article reviews the main differences between the monetary obligation of the employer under Art. 232, para. 2 of the Labour Code and other payments that the same party owes by law in the employment relationship. Thus, the hypotheses are differentiated, on the one hand, of the unilateral termination of the employment contract by the employer against monetary payment on the grounds of Art. 232, para. 2 of the Labour Code, and, on the other hand, the emergence of an obligation to pay certain compensations – in the true sense of the term – under Art. 213, Art. 214, Art. 219, para. 2 and Art. 225 of the Labour Code. Thereby, the thesis regarding the impossibility of incurring of an obligation on the employer to simultaneously execute the various mentioned monetary considerations, is reasoned. In addition, the rules set out in the law are discussed, both for contracting and for the final calculation of the amount of the employer’s monetary payment, which this study focuses on.

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