Feminist Approaches to International Law

1991 ◽  
Vol 85 (4) ◽  
pp. 613-645 ◽  
Author(s):  
Hilary Charlesworth ◽  
Christine Chinkin ◽  
Shelley Wright
Keyword(s):  
Legal System ◽  
Cultural Context ◽  
Legal Theory ◽  
Central Feature ◽  
Legal Analysis ◽  
Feminist Jurisprudence ◽  
The Law ◽  
Immediate Experience ◽  
Political Economic

The development of feminist jurisprudence in recent years has made a rich and fruitful contribution to legal theory. Few areas of domestic law have avoided the scrutiny of feminist writers, who have exposed the gender bias of apparently neutral systems of rules. A central feature of many western theories about law is that the law is an autonomous entity, distinct from the society it regulates. A legal system is regarded as different from a political or economic system, for example, because it operates on the basis of abstract rationality, and is thus universally applicable and capable of achieving neutrality and objectivity. These attributes are held to give the law its special authority. More radical theories have challenged this abstract rationalism, arguing that legal analysis cannot be separated from the political, economic, historical and cultural context in which people live. Some theorists argue that the law functions as a system of beliefs that make social, political and economic inequalities appear natural. Feminist jurisprudence builds on certain aspects of this critical strain in legal thought. It is much more focused and concrete, however, and derives its theoretical force from immediate experience of the role of the legal system in creating and perpetuating the unequal position of women.

The Legal Framework for Foundations in the Habsburg Monarchy from 1750 to 1918

2017 ◽  
Vol 1 (2) ◽  
pp. 154-172
Author(s):  
Gabriele Schneider
Keyword(s):  
Public Good ◽  
Legal System ◽  
Legal Framework ◽  
The State ◽  
Habsburg Monarchy ◽  
The Public ◽  
Regulation And Supervision ◽  
Role Of The State ◽  
The Law

Foundations, as permanent funds established by a certain legal act, can serve manifold purposes, but often pursue charitable goals. As such, they play an important role for the public good. Therefore, states always had an interest in fostering foundations by providing a pertinent legal framework. In Austria, this topic has not yet been the focus of scholarship. Through this study some light is shed on the implementation of the law on foundations in the Habsburg Monarchy. It focuses on the role of the state and its legal system regarding the regulation and supervision of foundations from 1750 to 1918. This period is characterized by the sovereigns’ endeavor to regulate the position of foundations via extensive legislation. In particular, a system of oversight for foundations was created in order to guarantee the attainment of their charitable goals. In fact, this system prevailed until the end of the 20thcentury.

scholarly journals The Theory of Interpretation in Solving Contemporary Legal Issues: With A Focus on the Instrument of Ijtihad

2018 ◽  
Vol 150 ◽  
pp. 05056
Author(s):  
Abdulrahman M.A.Albelahi ◽  
A. Ali ◽  
Faten Mohmed ◽  
Metwally Ali
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
Legal Issues ◽  
Legal Interpretation ◽  
Way Of Life ◽  
Essential Question ◽  
Judicial Reasoning ◽  
The Law ◽  
Law And Legislation

Since the beginning, legal theory has concerned itself with the establishment of principles and precepts that govern the procedure of legal interpretation, from the initial stages of the judicial reasoning down to the promulgation of ruling and their implementation, Islam is a total way of life. Muslims are obliged to abide by the rules of Allah in every aspect of their lives, always and wherever they live. However, the actual rules of Allah as given in the Qur’an and the sunna are limited. The Qur’an contains only six hundred verses directly related to laws, and there are approximately two thousand hadiths. The function of interpretation is to discover the intention of the Lawmaker of the matter, therefore, interpretat primarily concerned with the discovery of that which is rot self-evident the objective of interpretation is to ascertain the intention c the Lawmaker with regard to what has been left unexpressed as a matter of necessary interference from the surrounding circumstances. Sometimes, the textual sources did not provide detailed guidelines in which to derive the law, and then the role of interpretation is important to determine the law. In Islamic law the role of Ijtihad undoubtedly important in order to meet new problems. But some of the Jurist contended that the role of Ijtihad had ended and we have to follow the rule that has been stated. An explanation given to this trend is that a point had been reached at which all essential question of law had been thoroughly discussed and further deliberation was deemed unnecessary. In Common law, man-made law and legislation are related to one another within a philosophy of law. Parliament makes law and it is the duty of the courts to give effect to them if properly enacted. While courts may rule that a particular statute or section is invalid for various reasons such as unconstitutionality, they cannot say, "We shall change this Act because it is not appropriate". That function belongs to Parliament (Wu Min Aun 1990: 120). So as in Islamic law, the Lawmaker is Allah S.w.t and the sacred text (Quran) is legislated due to His intention whereas Sunnah of the Prophet Muhammad is enacted due to the Prophet's intention. Therefore, Ulama of Usul Fiqh, in making any Ijtihad, they are du y bound to be guided by Quran and Sunnah.

The gypsy’s lot: myth and reality

2017 ◽  
Author(s):  
Robert Jago
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Lived Experiences ◽  
European Court ◽  
The Law ◽  
The Uk ◽  
The Relationship

This chapter focuses on the lived experiences of gypsies (collectively referred to as gypsies rather than Roma or travellers). The author argues that the relationship between the legal system and the specific lifestyle of this group is itself causing many tensions which cannot be separated from the long-held myths about gypsies. Jago shows how the standing of gypsies in the UK legal system has, in turn, become the object of various myths. He demonstrates how judgements by the European Court of Human Rights in favour of gypsy claims created in many an image of the law being always on the side of the gypsy. A perception which Jago demonstrates is far from true. After addressing the nature and role of myths in general the author illustrates the tension between positive, romanticised myths about the freedom of gypsy lifestyle and three derogatory myths, namely gypsies as "child-snatchers", as thieves and as "land grabbers". Jago illustrates that these myths are linked to deep-rooted beliefs around property and its ownership.

14. Feminist theory

2017 ◽  
Author(s):  
Raymond Wacks
Keyword(s):  
Feminist Theory ◽  
Legal System ◽  
Legal Theory ◽  
Legal Education ◽  
Radical Feminism ◽  
Feminist Legal Theory ◽  
Liberal Feminism ◽  
Postmodern Feminism ◽  
The Law

While orthodox legal theory has purported to be gender-blind, it often neglects or in some instances even ignores the position of women. This silence has been criticized by feminist theorists who have placed discrimination against, and the subordination of, women firmly on the jurisprudential agenda. It is a development that has had an enormous impact on legal education. It extends also to almost every branch of the law and legal system. This chapter examines the key elements of feminist legal theory, including the following: the origins of feminism; and legal feminisms (liberal feminism, radical feminism, postmodern feminism, and difference feminism).

10 London

2014 ◽  
Author(s):  
Jagusch Stephen ◽  
Triantafilou Epaminontas E
Keyword(s):  
Legal System ◽  
Legal Framework ◽  
Court Decisions ◽  
England And Wales ◽  
Recognition And Enforcement ◽  
English Law ◽  
The Law ◽  
Key Aspects ◽  
Laws And Regulations

This chapter summarizes the key aspects of the English legal system with respect to the role of courts in arbitrations seated in England and Wales. First, it highlights the key provisions of relevant English legislation, mainly of the English Arbitration Act of 1996 and the principal court decisions arising under that legislation. Second, it describes the manner in which English law as the law of the seat affects the role of English courts in the course of three discrete stages: before the award, after the award, and during recognition and enforcement. In the process and where necessary, it addresses and ultimately rejects recently articulated concerns questioning the supremacy of England and Wales as an arbitration seat. The chapter concludes that England and Wales possesses a comprehensive and clearly articulated legal framework governing arbitration, and a sophisticated, impartial judiciary with ample experience in complex arbitral disputes and the collateral issues they raise under both English law and foreign laws and regulations. The jurisdiction is distinctly arbitration-friendly, with a keen understanding of the benefits arbitration aims to confer on parties, and the policy considerations such benefits entail.

scholarly journals Kompetensi Pengadilan Tata Usaha Negara dalam Menyelesaikan Kasus Tanah tentang Hak Pengelolaan

2017 ◽  
Vol 5 (2) ◽  
pp. 108
Author(s):  
Rafiqi Rafiqi
Keyword(s):  
Legal System ◽  
Legal Certainty ◽  
Rights Management ◽  
The Law ◽  
The Right ◽  
Civil Trial ◽  
Civil Courts

<p><em>The Law of Execution in the Administrative Court is different from the law of execution in civil courts. The civil trial of execution law is supplemented by physical means, namely: Jita Sita, aid of State Instruments (Police) and so on, which can force fiction so that the losers obey the court's decision. In the Administrative Court it is not possible, the Administrative Court is only equipped with administrative facilities only, in accordance with its authority which only judges in terms of administrative legality (administrative court). Rights Management issued a letter of proof of rights in the form of a certificate of Right of Management by the Land Office. The management rights are the right to land. The purpose of legal certainty itself will be fulfilled if if a device or legal system that can run and support the achievement of a legal kepolisia, especially the role of institutions that are authorized</em></p>

scholarly journals THEORETICAL AND LEGAL ANALYSIS OF ETHICAL PRINCIPLES OF ADVOCACY

2019 ◽  
Keyword(s):  
Professional Ethics ◽  
Legal Profession ◽  
Ethical Principles ◽  
Corporate Ethics ◽  
Special Role ◽  
Legal Analysis ◽  
Normative Documents ◽  
The Subject ◽  
The Law

The article states that the bar is a legal institution; stressed the need to instill high moral ideals for future lawyers; it is said that the development of the moral and ethical basis of the lawyer's activity is the subject of lawyer's ethics; noted that questions regarding the ethical principles of advocacy have been the subject of scholarly debate at various times; given the status quo, the subject matter of the study was identified; the role of ethical foundations for the profession of lawyer was determined and determined, the essence of the professional ethics of the lawyer as a whole, the specifics of the lawyer's ethics were investigated; determined that the basis of the lawyer's ethics, considered the moral aspects of the lawyer's activity, taking into account the norms of the current legislation of Ukraine and the Rules of Attorney's Ethics, proposals for improvement of the moral and ethical rules governing the lawyer's activity; it is argued that a lawyer's ethics is a kind of professional ethics of a lawyer; argues that the importance of advocacy ethics is important both in professional communication and at all times; identified the basic components of the legal profession; emphasized that the lawyer should always strive for moral self-improvement; noted the special role of the Rules of Attorney Ethics; The Law of Ukraine "On Advocacy and Attorney-at-Law", the Constitution of Ukraine in the Lawyer's Profession; noted the list of constituent characteristics of the legal profession in accordance with the existing normative documents regulating the said issue, which should not be defiled; it is considered that moral and ethical standards of behavior should be inherent in a person, because thanks to them, the latter will be able to do justly, so awareness of the importance of categories such as honor, dignity, responsibility, competence, conscience, professionalism, corporate ethics help the lawyer to create and maintain business reputation. Based on human considerations, the professional and psychological grounds that would interfere with the lawyer's professional duties include the following: underdeveloped speech, lack of professional knowledge, psychological instability, rudeness, aggressiveness, imbalance. Thus, the most important qualities that a lawyer should have are the following: honesty and integrity, integrity, ethics, modesty and self-criticism; principle and perseverance; moderation; respect for the law, the court and colleagues; lawyer's independence.

scholarly journals Oral history as a tool of legal analysis: women in the margins of Israeli society

2020 ◽  
Vol 64 (3) ◽  
pp. 335-350
Author(s):  
Shimrit Lee
Keyword(s):  
Oral History ◽  
Legal Theory ◽  
Legal Consciousness ◽  
Legal Analysis ◽  
Marginalised Groups ◽  
The Law ◽  
History Narratives ◽  
Depth Interviews ◽  
Legal Attitudes ◽  
Development And Evolution

Researchers in the field of legal consciousness have traditionally relied on surveys, ethnographies, or in-depth interviews to gauge the ways in which individuals engage, avoid, or resist the law. This paper explores how oral history is able to enrich the study of legal consciousness in ways inaccessible to other methodologies. Oral history offers an intertemporal perspective, allowing researchers to trace the development and evolution of legal attitudes and interactions over time. To illustrate the unique function of oral history, I examine the oral history narratives of three Palestinian-Israeli women as they relate their experience with the law over the course of their lifetime. I suggest that combining the oral history technique with the more targeted approach of in-depth interviewing can most aptly capture individual legal consciousness. Research through oral history can further be used in the field of critical legal theory by drawing attention to collective historical grievances of marginalised groups.

scholarly journals APPRAISING THE LAW OF WILLS IN A CONTRACT

2019 ◽  
Vol 3 (1) ◽  
pp. 46
Author(s):  
Emad Mohammad Al Amaren ◽  
Rachma Indriyani
Keyword(s):  
International Trade ◽  
International Law ◽  
Legal System ◽  
Critical Issue ◽  
High Stakes ◽  
Economic Exchanges ◽  
The Will ◽  
The Law ◽  
Definition Of

<p>Contracts play a significant role in both economic and commercial transactions, whether internal contract within a national legal system of a State or contract with international nature due to there is more than one legal system would be involved. As a tool that runs international trade and a means of economic exchanges across the border, it can not be denied that many practitioners have high stakes and interest through a contract. The internationality of the contract may impose its subordination to a law other than the law of the judge, and may be subjected to the international substantive rules represented in the most common rules of international law or common principles of international trade rules. Therefore, the definition of the concept of an international contract is a critical issue for the consequences of this limitation. Therefore, the appraisal between domestic and international contract is crucial to do as well as the role of the will in internationalizing the contract.</p>

Legal Continuity

2018 ◽  
Author(s):  
Nimer Sultany
Keyword(s):  
Comparative Study ◽  
Social Theory ◽  
Legal Theory ◽  
Legal Order ◽  
Critical Legal Theory ◽  
The Law ◽  
The Comparative Study ◽  
The Revolution

This chapter critiques the binary dichotomy between the concepts of “continuity” and “rupture” within theoretical conceptualizations of the law. Whereas legal theories such as Kelsen’s emphasize rupture, theories such as Dworkin’s emphasize continuity. These theories fail to account for legal continuity and rupture because the law is neither a gapless system nor a coherent whole. Building on the comparative study of the role of law during revolutions, the chapter shows that a revolution maintains varying levels of legal rupture and continuity with the pre-existing legal order. Building on critical legal theory and social theory, it argues that the relation between revolution and legality cannot be represented systematically because law—whether prior to or after the revolution—is incoherent and thus generates a plurality of voices.

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