Is Law Determined by Morality?

2011 ◽  
Author(s):  
Andrei Marmor
Keyword(s):  
Legal System ◽  
Main Argument ◽  
The Law ◽  
Normative Considerations ◽  
Influential Theory

This chapter considers the contemporary versions of the substantive nondetachment view about the nature of law. This view takes two main forms. According to Dworkin's influential theory, law's content can never be detached from normative considerations. What the law is—always, and necessarily—depends on certain evaluative considerations about what it ought to be. A more moderate version of this nondetachment view holds that whether the content of law can or cannot be detached from normative considerations is a contingent matter, depending on the norms that happen to prevail in a given legal system, and thus the nondetachment view is at least sometimes true. The main argument of this chapter is that both of these views are mistaken.

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

Preclusion of the Right to Submit New Facts and Evidence According to the Law on Contested Procedure in Kosovo

2017 ◽  
Vol 10 (1) ◽  
pp. 84
Author(s):  
ARTAN QERKINI
Keyword(s):  
Market Economy ◽  
Legal System ◽  
Practical Implementation ◽  
Relevant Evidence ◽  
Legal Provisions ◽  
The Law ◽  
Legislative Amendments ◽  
The Right

The market economy and changes within Republic of Kosovo’s legal system, which imposed the need of legal changes within the field of contested procedure also, have caused this procedure to become more efficient vis-à-vis legal provisions which were in force until October 6th 2008. Through the Law on Contested Procedure (hereinafter “LCP”), the legislator has aimed, inter alia, to make the contested procedure more concentrated, and thus, more efficient. In this regard, the Kosovar legislator has determined that it is mandatory for the parties to present any and all relevant evidence for resolving the dispute until the preparatory session, and in the event that one was not held, until the first main hearing session. As an exception, the parties may present relevant evidence even after this stage of proceedings, provided that their failure to present said evidence no later than at the preparatory session, respectively first main hearing session, was through no fault of their own. I consider that these legislative amendments are vital to ensuring practical implementation of the principle of efficience in the contested procedure.

Punishment

2018 ◽  
Author(s):  
Mark McClish
Keyword(s):  
Legal System ◽  
State Violence ◽  
The Law ◽  
The Right

In Indic thought, the daṇḍa (“staff”) represented the king’s use of violence for the purpose of governance. His right and obligation as daṇḍadhara (“wielder of the staff”) to punish those deemed deserving of punishment under the law defined the king’s role in the legal system. In this sense, daṇḍa represented the legalization of domination, in which state violence was reckoned as just punishment. But the king was not the only one with a recognized right to punish. This chapter explores how daṇḍa was used to articulate and legitimize relations of domination within the legal imagination of Dharmaśāstra. It asks, in particular, who is conferred the right to punish and how much?

scholarly journals Evaluating the Jordanian Experience in the Transition to a Knowledge Economy

2021 ◽  
Author(s):  
Saleh S. Barakat ◽  
Hisham M. AlSmadi ◽  
Khalifeh M. Abu-Ashour
Keyword(s):  
Human Capital ◽  
Legal System ◽  
Knowledge Economy ◽  
Transition Process ◽  
Economic Conditions ◽  
Education Policies ◽  
Positive Indicators ◽  
The Law

AbstractIn 2002, Jordan sought to shift towards a knowledge economy through the adoption of several policies supporting the transition towards a knowledge economy. The current study aims to evaluate the transition process as Jordan moves towards knowledge economy. Majority of the indicators presented in this study showed regression, despite some important steps taken by Jordan. The results showed a noticeable decline in the knowledge economy indicators in Jordan and also that Jordan is going through difficult economic conditions on account of minimal global support. The pace of the transition towards the knowledge economy has been greatly affected by deteriorated economic situations of Jordan. However, Jordan has been able to obtain some positive indicators with respect to human capital and creativity, and these endorse the significance of investing in human capital, reviewing the law and legal system, and education policies in Jordan. These results provide a guideline to Jordanian authorities so that they can take necessary measures to meaningfully invest in knowledge economy.

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.

(Dis)solving the Chronological Paradox in Customary International Law: A Hartian Approach

2008 ◽  
Vol 21 (1) ◽  
pp. 129-148 ◽  
Author(s):  
David Lefkowitz
Keyword(s):  
International Law ◽  
Legal System ◽  
Resolution Function ◽  
Customary International Law ◽  
International Legal System ◽  
The Creation ◽  
The Law ◽  
Normative Standard

As traditionally conceived, the creation of a new rule of customary international law requires that states believe the law to already require the conduct specified in the rule. Distinguishing the process whereby a customary rule comes to exist from the process whereby that customary rule becomes law dissolves this chronological paradox. Creation of a customary rule requires only that states come to believe that there exists a normative standard to which they ought to adhere, not that this standard is law. What makes the customary rule law is adherence by officials in the international legal system to a rule of recognition that treats custom as a source of valid law. Confusion over this distinction arises because in the international legal system the same agents whose beliefs give rise to a customary rule are the legal officials whose adherence to the rule of recognition leads them to deem that rule legally valid. The proposed solution to the chronological paradox employs H.L.A. Hart’s analysis of the concepts of law and a legal system, and in particular, the idea of a rule of recognition. Yet Hart famously denies the existence of a rule of recognition for international law. Hart’s denial rests on a failure to distinguish between the ontological and authoritative resolution functions of a rule of recognition, however. Once such a distinction is drawn, it can be argued that customary international law rests on a rule of recognition that serves the ontological function of making customary norms legal, though not the authoritative resolution function of settling disputes over the alleged legality of particular norms.

Datenmacht

2021 ◽  
Author(s):  
Simon Deuring
Keyword(s):  
Case Studies ◽  
Legal System ◽  
Industry 4.0 ◽  
Technological Development ◽  
Free Market ◽  
Balance Of Power ◽  
Cost Reductions ◽  
New Business ◽  
The Law

Data shifts the balance of power in the economy dramatically. However, digitisation also offers a multitude of opportunities: the development of new business areas, cost reductions and personalised offers. The increasing speed of technological development forces the legal system to tread on thin ice. Is the key in a regulated or free market? The book shows risks and opportunities of both options, as well as the strengths and weaknesses in European and national law. By using the latest case studies and entering new areas of the law, the book explores the question of how the Industry 4.0 should be designed.

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