scholarly journals Roman Judges, Case Law, and Principles of Procedure

2004 ◽  
Vol 22 (2) ◽  
pp. 243-275 ◽  
Author(s):  
Ernest Metzger
Keyword(s):  
Academic Writing ◽  
Case Law ◽  
Roman Law ◽  
Modern Problem ◽  
Legal Doctrine ◽  
The World ◽  
Do So

Most who study Roman law today do so as historians, not lawyers. History includes doctrine, but Roman legal doctrine is rarely used to solve modern problems. There are exceptions: Roman law helps to solve modern problems in certain jurisdictions and academic writing sometimes gives a Roman solution to a modern problem. But the time is past when Roman sources were routinely put to work in the world of affairs, and most would say codification is the main reason.

scholarly journals Open Enforcement: New Approach of Ukraine

2020 ◽  
pp. 58-68
Keyword(s):  
Human Rights ◽  
Case Law ◽  
International Agreements ◽  
Court Decisions ◽  
Legal Doctrine ◽  
New Approach ◽  
National Legislation ◽  
European Court ◽  
The World ◽  
Court Proceedings

Open justice is one of the fundamental human rights guaranteed by international agreements, as well as by the national legislation of Ukraine. During the reform of justice, the provisions of procedural and judicial legislation have been substantially updated, in particular with regard to ensuring openness and transparency of court proceedings. At the same time, the legislation on enforcement of court decisions does not disclose the essence of these principles, which are enshrined in the relevant laws. Accordingly, the purpose of the article is to identify specific elements of the implementation of the principle of openness and transparency of the enforcement process based on the analysis of the legislation of Ukraine and other countries of the world, national legal doctrine and case law of the European Court of Human Rights.

scholarly journals Innovative Pedagogy to Overcome Student Struggles with Plagiarism

2021 ◽  
pp. 169-194
Author(s):  
Olivia Kennedy ◽  
Keyword(s):  
Foreign Language ◽  
Academic Writing ◽  
Personalized Instruction ◽  
Writing Classes ◽  
Student Responses ◽  
Writing Course ◽  
Urban University ◽  
The World ◽  
Student Reflections ◽  
Do So

Plagiarism is a problem that affects English as a Foreign Language (EFL) learner all over the world. Rather than simply labelling students who plagiarize as “offenders,” finding solutions to guide them away from it is of primary importance. Ten instructors teaching a 30-week EFL academic writing course at a large urban university in Japan were interviewed about their methodologies to do so. Two academic writing classes (N=40) were asked to write reflections on what they were learning and how it was being taught to them. The student reflections and instructor interview transcripts were coded and analysed, instructor strategies to deal with plagiarism proactively in this context identified, and student responses to these strategies explored. The strategies were largely found to be a combination of existing methods with one notable exception, which is introduced in detail here. It is based on Rubin’s Four Tendencies personality framework, which is a method that relies on instructors recognizing learners as responding to expectations in one of four ways and harnessing this to help them achieve. This personalized instruction can be seen as one of the modern approaches to facilitate learning and engagement outlined by Owens and Kadakia (2016). Student responses to it were positive, and the instructor using it felt that it both reduced stress and improved relationships with students. As such, the method has been added to the departmental pedagogy for the next intake of students.

The Challenge of Sustaining Peace

2018 ◽  
Author(s):  
Necla Tschirgi ◽  
Cedric de Coning
Keyword(s):  
Human Rights ◽  
Security Council ◽  
Original Design ◽  
Entire Spectrum ◽  
The World ◽  
Effective Instrument ◽  
International Peacebuilding ◽  
Do So

While demand for international peacebuilding assistance increases around the world, the UN’s Peacebuilding Architecture (PBA) remains a relatively weak player, for many reasons: its original design, uneasy relations between the Peacebuilding Commission and Security Council, turf battles within the UN system, and how UN peacebuilding is funded. This chapter examines the PBA’s operations since 2005, against the evolution of the peacebuilding field, and discusses how the PBA can be a more effective instrument in the UN’s new “sustaining peace” approach. To do so, it would have to become the intergovernmental anchor for that approach, without undermining the intent that “sustaining peace” be a system-wide responsibility, encompassing the entire spectrum of UN activities in peace, security, development, and human rights.

Formation of Contract and Third Parties in Cambodia

2018 ◽  
Author(s):  
Ly Tayseng
Keyword(s):  
Academic Writing ◽  
Case Law ◽  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
Contract Formation ◽  
The Law ◽  
The Right ◽  
Formal Requirements

This chapter gives an overview of the law on contract formation and third party beneficiaries in Cambodia. Much of the discussion is tentative since the new Cambodian Civil Code only entered into force from 21 December 2011 and there is little case law and academic writing fleshing out its provisions. The Code owes much to the Japanese Civil Code of 1898 and, like the latter, does not have a requirement of consideration and seldom imposes formal requirements but there are a few statutory exceptions from the principle of freedom from form. For a binding contract, the agreement of the parties is required and the offer must be made with the intention to create a legally binding obligation and becomes effective once it reaches the offeree. The new Code explicitly provides that the parties to the contract may agree to confer a right arising under the contract upon a third party. This right accrues directly from their agreement; it is not required that the third party declare its intention to accept the right.

Jude the Obscure

2008 ◽  
Author(s):  
Thomas Hardy
Keyword(s):  
Working Class ◽  
Critical Edition ◽  
The World ◽  
The University ◽  
Jude The Obscure ◽  
Do So

Wherefore is light given to him that is in misery, and life unto the bitter in soul?' Jude Fawley, poor and working-class, longs to study at the University of Christminster, but he is rebuffed, and trapped in a loveless marriage. He falls in love with his unconventional cousin Sue Bridehead, and their refusal to marry when free to do so confirms their rejection of and by the world around them. The shocking fate that overtakes them is an indictment of a rigid and uncaring society. Hardy's last and most controversial novel, Jude the Obscure caused outrage when it was published in 1895. This is the first truly critical edition, taking account of the changes that Hardy made over twenty-five years. It includes a new chronology and bibliography and substantially revised notes.

Can housing rights be applied to modern housing systems?

2010 ◽  
Vol 2 (2) ◽  
pp. 103-117 ◽  
Author(s):  
Padraic Kenna
Keyword(s):  
International Law ◽  
Case Law ◽  
Epistemic Communities ◽  
Policy Makers ◽  
Content Type ◽  
Housing Systems ◽  
Effective Implementation ◽  
Housing Rights ◽  
The World ◽  
Effective Translation

PurposeThe purpose of this paper is to outline and examine the growing corpus of housing rights and assess their relevance and applicability to complex contemporary housing systems across the world.Design/methodology/approachThe paper sets out the principal instruments and commentaries on housing rights developed by the United Nations, regional and other bodies. It assesses their relevance in the context of contemporary analysis of housing systems, organized and directed by networks of legal and other professionals within particular domains.FindingsHousing rights instruments are accepted by all States across the world at the level of international law, national constitutions and laws. The findings suggest that there are significant gaps in the international law conception and framework of housing rights, and indeed, human rights generally, which create major obstacles for the effective implementation of these rights. There is a preoccupation with one element of housing systems, that of subsidized or social housing. However, effective housing rights implementation requires application at meso‐, micro‐ and macro‐levels of modern, dynamic housing systems as a whole. Epistemic communities of professionals develop and shape housing law and policy within these domains. The housing rights paradigm must be further fashioned for effective translation into contemporary housing systems.Research limitations/implicationsThe development of housing rights precedents, both within international and national law, is leading to a wide and diffuse corpus of legislation and case law. More research is needed on specific examples of effective coupling between housing rights and elements of housing systems.Originality/valueThis paper offers housing policy makers and lawyers an avenue into the extensive jurisprudence and writings on housing rights, which will inevitably become part of the lexicon of housing law across the world. It also highlights the limitations of housing rights implementation, but offers some new perspectives on more effective application of these rights.

Lawful Remedy or Illegal Response? Resolving the Issue of Foreign Subsidization Under WTO Law

2021 ◽  
pp. 1-24
Author(s):  
Victor Crochet ◽  
Marcus Gustafsson
Keyword(s):  
European Union ◽  
World Trade Organization ◽  
World Trade ◽  
The European Union ◽  
Fair Competition ◽  
Trade Law ◽  
International Trade Law ◽  
The World ◽  
Shed Light ◽  
Do So

Abstract Discontentment is growing such that governments, and notably that of China, are increasingly providing subsidies to companies outside their jurisdiction, ‘buying their way’ into other countries’ markets and undermining fair competition therein as they do so. In response, the European Union recently published a proposal to tackle such foreign subsidization in its own market. This article asks whether foreign subsidies can instead be addressed under the existing rules of the World Trade Organization, and, if not, whether those rules allow States to take matters into their own hands and act unilaterally. The authors shed light on these issues and provide preliminary guidance on how to design a response to foreign subsidization which is consistent with international trade law.

scholarly journals The aerodynamic puzzle of nasalized fricatives: Aerodynamic and perceptual evidence from Scottish Gaelic

2015 ◽  
Vol 6 (2) ◽  
Author(s):  
Natasha Warner ◽  
Daniel Brenner ◽  
Jessamyn Schertz ◽  
Andrew Carnie ◽  
Muriel Fisher ◽  
...  
Keyword(s):  
Scottish Gaelic ◽  
Trade Off ◽  
Instrumental Data ◽  
The World ◽  
Perceptual Evidence ◽  
Better Than ◽  
Do So

AbstractScottish Gaelic is sometimes described as having nasalized fricatives (/ṽ/ distinctively, and [f̃, x̃, h̃], etc. through assimilation). However, there are claims that it is not aerodynamically possible to open the velum for nasalization while maintaining frication noise. We present aerodynamic data from 14 native Scottish Gaelic speakers to determine how the posited nasalized fricatives in this language are realized. Most tokens demonstrate loss of nasalization, but nasalization does occur in some contexts without aerodynamic conflict, e.g., nasalization with the consonant realized as an approximant, nasalization of [h̃], nasalization on the preceding vowel, or sequential frication and nasalization. Furthermore, a very few tokens do contain simultaneous nasalization and frication with a trade-off in airflow. We also present perceptual evidence showing that Gaelic listeners can hear this distinction slightly better than chance. Thus, instrumental data from one of the few languages in the world described as having nasalized fricatives confirms that the claimed sounds are not made by producing strong nasalization concurrently with clear frication noise. Furthermore, although speakers most often neutralize the nasalization, when they maintain it, they do so through a variety of phonetic mechanisms, even within a single language.

The Shari’a Approach to Contemporary Problems of Mass Surveillance

2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Sattam Eid Almutairi
Keyword(s):  
North America ◽  
Personal Data ◽  
Legal Systems ◽  
Legal Norms ◽  
Muslim Countries ◽  
Norms And Values ◽  
The World ◽  
State Surveillance ◽  
Mass Surveillance ◽  
Do So

AbstractThe phenomenon of mass surveillance has confronted legal systems throughout the world with significant challenges to their fundamental norms and values. These dilemmas have been most extensively studied and discussed in relation to the kind of privacy cultures that exist in Europe and North America. Although mass surveillance creates the same kinds of challenges in Muslim countries, the phenomenon has rarely been discussed from the perspective of Shari’a. This article seeks to demonstrate that this neglect of mass surveillance and other similar phenomena by Shari’a scholars is unjustified. Firstly, the article will address objections that Shari’a does not contain legal norms that are relevant to the modern practice of state surveillance and that, if these exist, they are not binding on rulers and will also seek to show that, whatever terminology is employed, significant aspects of the protection of privacy and personal data that exists in other legal systems is also be found deeply-rooted in Shari’a. Secondly, it will assess the specific requirements that it makes in relation to such intrusion on private spaces and private conduct and how far it can benefit from an exception to the general prohibition on spying. Finally, it is concluded that mass surveillance is unlikely to meet these Shari’a requirements and that only targeted surveillance can generally do so.

scholarly journals Leviathan, or the Rudder of Public Health

2017 ◽  
Vol 2 (Suppl. 1) ◽  
pp. 1-8
Author(s):  
Denis Horgan ◽  
Walter Ricciardi
Keyword(s):  
Public Health ◽  
Big Data ◽  
New Technologies ◽  
Personalised Medicine ◽  
Member States ◽  
Reform Agenda ◽  
The World ◽  
The Face ◽  
The Eu ◽  
Do So

In the world of modern health, despite the fact that we've been blessed with amazing advances of late - the advent of personalised medicine is just one example - “change” for most citizens seems slow. There are clear discrepancies in availability of the best care for all, the divisions in access from country to country, wealthy to poor, are large. There are even discrepancies between regions of the larger countries, where access often varies alarmingly. Too many Member States (with their competence for healthcare) appear to be clinging stubbornly to the concept of “one-size-fits-all” in healthcare and often stifle advances possible through personalised medicine. Meanwhile, the legislative arena encompassing health has grown big and unwieldy in many respects. And bigger is not always better. The health advances spoken of above, an increased knowledge on the part of patients, the emergence of Big Data and more, are quickly changing the face of healthcare in Europe. But healthcare thinking across the EU isn't changing fast enough. The new technologies will certainly speak for themselves, but only if allowed to do so. Acknowledging that, this article highlights a positive reform agenda, while explaining that new avenues need to be explored.

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