Anglo-Norman Policy and the Public Welfare

1978 ◽  
Vol 10 (4) ◽  
pp. 341-351
Author(s):  
Edward J. Kealey
Keyword(s):  
Twelfth Century ◽  
Public Welfare ◽  
The Public ◽  
Good Works ◽  
Anglo Norman ◽  
The Dead ◽  
The Law ◽  
Personal Understanding

Sometime in the second decade of the twelfth century an anonymous clerk compiled a long awkward treatise which we call the Laws of Henry I. He pompously began by declaring, “The glorious Caesar, Henry, moderate, wise, just and valiant, sheds radiance over all his kingdom in ecclesiastical laws and secular ordinances, in writings, and in displays of good works.” On the very day that Henry died in Normandy a Saxon physician, priest, and prophet, Wulfric of Haselbury, living in seclusion in Somerset, told his feudal patron that the dead king would enter Paradise because he had kept peace, had sought justice, and had even built a splendid abbey for Benedictine monks. Few later commentators would be as generous as these two. Other historians unfavorably contrasted Henry's wisdom, wealth, and victory with his avarice, cruelty, and lust.The law clerk's short catalog contains several surprises. It suggests Henry generated ecclesiastical laws himself, an odd, but not untrue, observation. It reports that the king performed good works, but these are never specified. Most fascinatingly, it hints that “in writings” Henry composed things other than charters and writs. Unfortunately, no such texts have survived. Thus, what we most seek to learn—the monarch's own intentions and reflections—still elude us. Henry's personal understanding of his monarchial responsibilities must therefore be interpreted from his actions, rather than traced from his plans.

scholarly journals Tinjauan Terhadap Hukum Persaingan Usaha Di Indonesia Dari Perspektif Hukum Perlindungan Konsumen

2019 ◽  
Vol 4 (1) ◽  
pp. 19-30
Author(s):  
Desi Apriani
Keyword(s):  
Consumer Protection ◽  
Public Interest ◽  
Competition Law ◽  
Unfair Competition ◽  
Public Welfare ◽  
Business World ◽  
The Public ◽  
Fair Competition ◽  
Consumer Interests ◽  
The Law

The business world is something that cannot be separated from business competition. There are business actors who compete in a fair competition  and there are also business actors who compete in a unfair competition. This is where the importance of the presence of business competition law in a country. In Indonesia, business competition law is contained in Law Number 5 of 1999 which prohibits monopolistic practices and unfair business competition. In relation to consumer protection, Law Number 5 Year 1999 has the aim of protecting the public interest and seeking public welfare. The prohibitions in the law indirectly have a protected effect on consumer interests. Need consistency in enforcement of business competition law so that the goal of protecting consumers can be achieved optimally.

scholarly journals THE ROLE OF INDONESIAN WAQF BOARD IN PROMOTING AND DEVELOPING WAQF IN INDONESIA

2018 ◽  
Vol 13 (2) ◽  
pp. 1
Author(s):  
Uswatun Hasanah
Keyword(s):  
Public Welfare ◽  
The Public ◽  
The People ◽  
The Law ◽  
The Republic ◽  
Set Up

Indonesia is a country that has quite a lot of waqf lands, amounting to 3.492.045.373m2, distributed in 420 003 locations. Unfortunately the waqf lands are not managed productively, so that they cannot be utilized to improve the public welfare. To promote and develop waqf in Indonesia, in the Law No. 41 year 2004 it is mandated to set up Indonesian Waqf Board. In 2007 President of the Republic of Indonesia, Dr. Susilo Bambang Yudhoyono signed a decree on the  formation of Indonesian Waqf Board (BWI). Now BWI has reached it seventh year of age. The question arising is, how is the role of BWI in promoting and developing waqf in Indonesia? Despite very limited funds, BWI with its six divisions has been running its programs, and even to develop waqf in Indonesia, presently BWI has already established 24 representatives, and 9 representatives are still in the process. Hopefully with representatives in every province, Indonesian waqf can evolve in a productive manner so that the results can be used to improve the welfare of the people. Keywords: waqf, productive, and wellfare.

A Duty to Kill: John of Salisbury's Theory of Tyrannicide

1988 ◽  
Vol 50 (3) ◽  
pp. 365-389 ◽  
Author(s):  
Cary J. Nederman
Keyword(s):  
Twelfth Century ◽  
Body Politic ◽  
The State ◽  
The Other ◽  
Public Welfare ◽  
Philosophical Foundation ◽  
The Public ◽  
Public Benefit ◽  
The Common ◽  
The Many

This article examines the doctrine of tyrannicide in John of Salisbury's mid-twelfth century political treatise, the Policraticus, in light of recent scholarly skepticism that John never meant to advocate a theoretical defense of slaying the tyrant. It is argued that John's conception of tyrannicide in fact possesses a philosophical foundation derived from his idea of the state as a political organism in which all the members cooperate actively in the realization of the common utility and justice. When the ruler of this body politic behaves tyrannically, failing to perform his characteristic responsibilities, the other limbs and organs are bound by their duty to the public welfare and God to correct and, ultimately, to slay the tyrant. John illustrates this position by reference to the many historical and scriptural instances of tyrants who have legitimately been killed. Thus, John not only proposes a theory of tyrannicide, but also roots it in a strong positive obligation to raise the sword against tyrannical rulers in the name of public benefit and justice.

Part II Preliminary Topics, 8 Exclusion of Foreign Law

2017 ◽  
Author(s):  
Torremans Paul
Keyword(s):  
Public Policy ◽  
International Law ◽  
Civil Law ◽  
Public Welfare ◽  
Private International Law ◽  
The Public ◽  
Foreign Law ◽  
Mandatory Rules ◽  
The Law ◽  
Ordre Public

This chapter examines issues surrounding the exclusion, or non-enforcement, of foreign law. There are circumstances when the law of the forum must be preferred to the foreign law that would normally be applicable to the case. An outstanding example of this is the civil law doctrine of ordre public under which any domestic rule designed to protect the public welfare must prevail over an inconsistent foreign rule. This chapter discusses four cases in which foreign law will not be enforced, either directly or indirectly, by English courts: foreign revenue, penal and other public laws; foreign expropriatory legislation; foreign laws repugnant to English public policy; and the mandatory rules of the forum. It also describes the effect of European private international law on the rule against the enforcement of foreign revenue, penal and other public laws in England.

scholarly journals TA’LÎL AL-AHKÂM DARI MASA RASULULLAH HINGGA MASA ULAMA USHÛL

2016 ◽  
Vol 2 (1) ◽  
pp. 210-234
Author(s):  
Nur Lailatul Musyafaah
Keyword(s):  
Public Welfare ◽  
Historical Background ◽  
Legal Reason ◽  
The Public ◽  
Legal Position ◽  
The Law ◽  
Muslim Scholars

Abstract: Ta’lîl al-ahkâm is explaining by finding the legal reason.  At the time of the Prophet, ta’lîl was contained in the Qur’an and hadith, among them: 1.’ Illat was embodied with the character of law, 2. Stating the legal position with its reason and historical background, 3. Explaining command accompanied by tafdhîl, 4. Explaining law with its reason marked with the letter of ta’lîl, 5. Explaining law and its explanation about the benefit or in otherwise. The methods of ta’lîl al-ahkâm at the time of companion: 1. Elimination of the penalty for refusing mafsadah, 2. Law is changed because its legal reason has  been lost. 3. Not carrying out the command of Allah and His Messenger for the reason of mafsadah if the work is still performed, 4. Assigning the unassigned law at the time of Prophet for the sake of refusing mafsadah, 5. Doing something which was not done at the time of the Prophet for the reason of gaining benefit, 6. Establishing  law based on the text without searching the illah. The methods of ta’lîl al-ahkâm at the period of tâbi’în and tâbi’ tâbi’în: 1. Advancing benefit, the law contained in the textis absolute or contrary to the public welfare, 2. Using the method of maslahah mursalah. 3. Leaving a permissible act by the reason of mafsadah. The methods of ta’lîl al-ahkâm in the period of Muslim scholars of ushûl: with text, ijmâ’, and al-sabr wa al-taqsîm.Keywords: Ta’lîl al-ahkâm, period of the Messenger, period of the Muslim scholars of ushûl. Abstrak: Ta’lîl al-ahkâm adalah menjelaskan dan cara menemukan ilat hukum. Pada masa Rasulullah, ta’lîl terdapat pada al-Qur’an dan hadis, di antaranya; 1. Ilat menyatu dengan sifat hukum, 2. Menyebutkan hukum beserta sebabnya. 3. Menjelaskan perintah diiringi dengan lafadz tafdhîl, 4. Menjelaskan hukum beserta ilatnya yang ditandai dengan huruf ta’lîl, 5. Menjelaskan hukum disertai dengan penjelasan maslahatnya, atau sebaliknya. Metode ta’lîl al-ahkâm pada masa Sahabat: 1. Meniadakan hukuman karena alasan menolak mafsadah, 2. Hukum menjadi berubah, karena ilatnya telah hilang, 3. Tidak melaksanakan perintah Allah dan RasulNya, karena adanya mafsadah apabila pekerjaan tersebut tetap dilaksanakan. 4. Menetapkan hukum yang belum ditetapkan Rasulullah demi menolak mafsadah, 5. Mengerjakan pekerjaan yang tidak dikerjakan pada masa Rasulullah, dengan alasan kebaikan, 6. Menetapkan hukum berdasarkan nas yang ada tanpa mencari ilat hukum.Metode ta’lîl al-ahkâm pada masa Tâbi’în dan Tâbi’ Tâbi’în: 1. Mendahuluan maslahat, jika hukum yang terkandung dalam nas bersifat mutlak atau umum bertentangan dengan kemaslahatan, 2. Menggunakan metode maslahah mursalah. 3. Meninggalkan pekerjaan yang mubah atau sunnah, karena jika dikerjakan akan mendatangkan mafsadah. Metode ta’lîl al-ahkâm pada Masa Ulama Ushûl: Dengan nash, ijma’, dan al-sabr wa al-taqsîm.Kata Kunci: Ta’lîl al-ahkâm, Masa Rasulullah, masa Ulama Ushûl. 

Female Professionals and (Neo-)Victorianism: The Case ofThe Good Wife

2016 ◽  
Vol 6 (1) ◽  
pp. 5-24
Author(s):  
Isabel Santaularia i Capdevila
Keyword(s):  
Television Series ◽  
The Public ◽  
Bleak House ◽  
Professional Success ◽  
The Law ◽  
Good Wife ◽  
Woman In White ◽  
The Public Sphere ◽  
Female Professionals ◽  
Nineteenth Century Novels

The article examines The Good Wife (CBS 2009–), as well as other recent television series with female professionals as protagonists, alongside nineteenth-century novels such as Wilkie Collins's The Woman in White and The Law and the Lady, Charles Dickens's Bleak House, or Bram Stoker's Dracula, which, like The Good Wife, place ‘the law’ and ‘the lady’ in direct confrontation. This comparative analysis reveals that current television series, even those that showcase women's professional success, articulate a discourse that valorises domestic stability and motherhood above professional achievements and, therefore, resonate with Victorian ideologies about the conflicted relation between women and the public sphere. Contemporary television series are not so different from Victorian texts that grant their heroines freedom to move outside home-boundaries, while treating women's public ascendancy as a transgression of normative femininity and using a number of strategies devised to guarantee women's return home and/or an appreciation of what they have to sacrifice in order to advance in their careers.

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