The Public Order of the Oceans

1964 ◽  
Vol 73 (4) ◽  
pp. 727
Author(s):  
Gordon B. Baldwin ◽  
Myres S. McDougal ◽  
William T. Burke
Keyword(s):  
Public Order ◽  
The Public

Public Order: Concept and Category Content

2020 ◽  
pp. 95-99
Author(s):  
R. G. Kalustov
Keyword(s):  
Law Enforcement ◽  
Public Order ◽  
Law Enforcement Agencies ◽  
The Public ◽  
History Of

The article discusses the emergence and development, as well as existing approaches to understanding the concept of “public order”. The history of the formation of this category is examined by analyzing regulatory legal acts. This method allows you to track the change in value and determine how to correctly understand the “public order” today. Revealing the concept, ambiguity arises in understanding this category, in connection with which the most applicable approach is currently determined for use in practice by law enforcement agencies.

Public order as a protectable interest

Legal Studies ◽  
2021 ◽  
pp. 1-20
Author(s):  
Zhilong Guo
Keyword(s):  
Everyday Life ◽  
Public Order ◽  
Important Criterion ◽  
Public Interests ◽  
The Public

Abstract Public order as a protectable interest is an important criterion for determining a consistent and rational scope of crimes against public order. From the specific perspective of everyday life, Feinberg's theory of minimum welfare interests neglects those kinds of interests that relate to a smooth or harmonious life. Socio-legal perspectives make it clear that safety interests, which directly concern basic living (bodily existence), do not include various kinds of order interests – and thus life order interests in convenience, comfort and peace, distinguishable from safety interests that are protected by English public order laws, can be construed as the public order interest. By critically adopting Feinberg's individualistic approach to analysing public interests in three types of case, the test of being public is further clarified. Typical categories of public order are socially and normatively identified before concluding with a discussion of the effects the identification made by the paper might make to the scope and nature of public order law and offences.

Police Powers and Public Meetings

1937 ◽  
Vol 6 (2) ◽  
pp. 175-181
Author(s):  
E. C. S. Wade
Keyword(s):  
Search And Seizure ◽  
Public Order ◽  
The Public ◽  
Police Powers ◽  
The Past ◽  
Public Meetings ◽  
Police Action ◽  
The Right ◽  
First Time

Apart from the passage through Parliament at the end of last year of the Public Order Act, the Courts have in the past few years interpreted police powers on several occasions in the direction of restricting liberty. No excuse is therefore required for examining once again in this Journal a topic, one aspect of which was discussed in the last number. The case of Elias v. Pasmore [1934] 2 K. B. 164 raised important questions as to the right of the police to search premises in the course of making an arrest on a warrant. That case recognized for the first time the validity on such an occasion of a search, which resulted in the discovery of documents (not being documents in the possession of the person named in the warrant) containing evidence of an offence committed by any person, even though the search and seizure were illegal as regards other documents discovered on that occasion. This protection for police action only extends to the actual documents which are evidence of the commission of a crime; but it matters not that the crime is one alleged to have been committed by some one other than the person in the course of arresting whom the search is being made.

scholarly journals El orden público bajo la amenaza de la criminalidad organizada

2013 ◽  
Author(s):  
Julián López Muñoz
Keyword(s):  
United Nations ◽  
Criminal Law ◽  
Organized Crime ◽  
Criminal Organization ◽  
The State ◽  
Public Order ◽  
The Public ◽  
The United Nations ◽  
Derecho Penal ◽  
Legal Right

Existe la necesidad de crear un concepto o definir, en términos jurídicos, el significado de crimen organizado, en sentido global. A pesar de que Naciones Unidas lo ha intentado, no todos sus países miembros han seguido el mandato. España ha incluido en su Derecho Penal un nuevo tipo delictivo: la organización y el grupo criminal. El orden público, como bien jurídico superior, se verá con esta medida protegido y también el Estado se verá defendido de la acción desestabilizadora procedente de la «gran criminalidad».There is a need to create a concept or define globally, in legal terms, the meaning of the organized crime. Despite the United Nations have attempted it, not all the Member Countries have followed their mandate. Spain has included in its Criminal Law a new category of offence: the criminal organization and group. The public order, as a superior legal right, will be protected by this measure and also, the State will be defended against the destabilizing action from the «great criminality».

scholarly journals Sharia Hisba and public lawsuit: An original study comparing Sharia and Libyan law

2021 ◽  
Vol 10 (1) ◽  
pp. 150
Author(s):  
Salem Salem Juber ◽  
Muhammad Awad Saker
Keyword(s):  
Original Study ◽  
The State ◽  
Public Order ◽  
Public Prosecution ◽  
The Public ◽  
Case System ◽  
Institutional System ◽  
The Individual ◽  
The Right ◽  
Coherent Body

The Sharia Hisba is an integrated Islamic system of pillars and construction whose theme is enjoining good and forbidding evil, and aims at stabilizing societies and the supremacy of virtue and high morals in it, and rejecting vice and bad morals from it. The legal public prosecution system is an accusatory system that seeks to safeguard the right of the state and the right of the individual to the public order to ensure a society free from apparent crimes, and a regular picture of the state and individuals is formed in a coherent body without chaos. The Hisba system is a symbiotic social system that moves through the community’s control of the community, while the public case system and its tools from the Public Prosecution and other institutions is a deterrent institutional system that moves in the light of the law and deals in accordance with its principles and limits.

scholarly journals EKSEKUSI NAFKAH PERCERAIAN DI PENGADILAN AGAMA KOTA MALANG

Ulumuddin ◽  
2018 ◽  
Vol 11 (1) ◽  
pp. 116
Author(s):  
Rendra Widyakso
Keyword(s):  
Rule Of Law ◽  
Islamic Law ◽  
Public Order ◽  
Scholarly Journals ◽  
Financial Responsibility ◽  
The Public ◽  
Legal Studies ◽  
Preliminary Study ◽  
The Law

This article aims to answer to important questions in legal studies that how to implement the legal execution of earning the expenses caused by divorce based on Indonesian law? And, how do the perspective of Islamic legal schools deal with the execution? There are numbers of scholarly journals studying this specific issue. However, the preliminary study that specifically focuses on the Legal Verdict of the Religious Court of Malang No. 0957/Pdt.G/2014/PA.MLG is offered by this article. It finds that legally, the judge has authority to order the ex-husband to pay the expences of the divorce compensation (mut’ah), financial responsibility due to divorce (iddah) and financial claim (madiyah) and financial childcare (hadhanah) before the divorce pledge is pronounced. If the expences cannot be paid, the ex-wife has right to purpose the legal execution to the court. Due to the purpose the chief of justice is responsible for and has authority to remind the ex-husband (aanmaning) and doing the legal execution if he disrespectly avoided the court’s order. The concept of legal expenses due to divorce is ruled by the fiqh of Islamic legal schools, in spite of the fact that the details of execution remain no any explanation. This article argues that the execution has been done referring to the law. It purposes to fulfil justice, expediency and rule of law. Furthermore, these purposes are the beginning step in order to achieve the public order (mashlahah) and the higher objective of Islamic law (maqashid al-syari’ah).

scholarly journals O Aberto: O Homem e o Animal de Giorgio Agamben – Uma Tentativa Hipertextual/The Open: The man and the animal of Giorgio Agamben - A hypertext attempt

2013 ◽  
Vol 4 (7) ◽  
pp. 1
Author(s):  
Cléber Ranieri Ribas de Almeida
Keyword(s):  
The Political ◽  
Public Order ◽  
Human Sciences ◽  
Giorgio Agamben ◽  
The Public ◽  
Ex Ante ◽  
The Subject ◽  
Definition Of ◽  
And Control ◽  
Manipulation And Control

O artigo se propõe elaborar uma exegese do livro O Aberto: o Homem e o Animal, de Giorgio Agamben, de maneira a expor o argumento central da obra bem como situar o autor na Filosofia Política contemporânea. Para Agamben, o aberto não se situa unicamente numa analítica fenomenológico-existencial do ser: politicamente, o lugar privilegiado de movimentação desse conceito situa-se especificamente na biofilosofia dos graus do orgânico. A definição desses graus torna-se cada vez mais imprecisa à medida em que se propõe distinguir o limite entre o que é o animal e o que é o humano. A inovação de Agamben na abordagem dessa questão, portanto, está no modo como ele politiza o tema do aberto e o situa numa zona estratégica entre a zoologia e as políticas do homem. A entificação do tema, o aberto, não é para o autor um índice de conspurcação cientificista; é, antes, um índice de incessante politização, isto é, realocação conceitual, modulação disciplinar e institucionalização jurídica. Agamben não quer apenas uma ciência da política, mas também uma política da ciência, entendendo a ciência como lugar soberano de mobilização, manipulação e controle dos corpos. Numa palavra, a ciência, especificamente, a biofilosofia e as ciências do homem, são legisladoras da decisão pública acerca do que é homem. E quem decide o que é o homem, decide ex ante, qual política e qual moral deve dispor sobre a ordem pública.Abstract: This paper aims to do an exegesis of Giorgio Agamben´s book The Open: the Man and the Animal, in order to expose its central point as well as to contextualize the author in Contemporary Political Philosophy. According to Agamben the open is not situated only in a phenomenological-existential analytics of being: politically the privileged place of that concept is specifically on the biophilosophy of organic grades. The definition of those grades becomes more and more imprecise as long as it aims to distinguish the limit between the man and the animal. The innovation of Agamben is the way how he politizes the subject of open and places it on a strategic zone between the zoology and the politics of man. Agamen does not want only a science of the political, but alson a politics of science by understanding the science as a sovereign place of mobilization, manipulation, and control of bodies. In a word, the science, especially the biophilosophy and the human sciences, are legislators of public decision about what man is. And who decides what the man is, do it ex ante which politics and which moral should rule over the public order. Keywords: Agamben, mankind, animal, biophilosophy.

scholarly journals PEMBATASAN HAK ATAS INFORMASI ELEKTRONIK DALAM YURISDIKSI CYBERSPACE

2020 ◽  
Vol 1 (1) ◽  
pp. 44-54
Author(s):  
Muh Effendi
Keyword(s):  
Virtual World ◽  
Legal Protection ◽  
Public Order ◽  
Electronic Information ◽  
The Public ◽  
State Security ◽  
Use Of Technology ◽  
Right To Information ◽  
The Right ◽  
Thesis Writing

Writing this thesis aims to find out the form of legal protection and restrictions on the right to information that can be done in cyberspace. Because of the rapid advances in technology, there are also more problems that arise from this virtual world, this is the background of this thesis writing because it is very important to know what can and should not be done according to laws governing the world this virtual. Some countries, including Indonesia, restrict the right to electronic information, although this kind of regulation, both formally and materially, is contrary to the rights of individuals to privacy and information, but there are other people's rights that also need to be protected and state security that must be protected. The birth of law number 11 of 2008 which was revised to law number 19 of 2016 is clear evidence of the limitation of the right to information in Indonesia, because Indonesia upholds human rights but with this law Indonesia also aims to maintain security or country stability. The conclusion reached is: that the state protects the right to information and the use of technology but is also obliged to protect the public interest from all kinds of disturbances arising from misuse of information, especially through electronic media that disturb public order, or so-called jurisdiction.

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