scholarly journals Demokratisasi dalam Rangka Pembangunan Hukum Responsif

2020 ◽  
Vol 8 (2) ◽  
pp. 182-191
Author(s):  
Sanusi Sanusi ◽  
Soesi Idayanti ◽  
Tiyas Vika Widyastuti
Keyword(s):  
Manufacturing Process ◽  
Social Issues ◽  
The Other ◽  
Community Groups ◽  
Legal Development ◽  
Legal Model ◽  
The Law ◽  
To Come ◽  
The Relationship ◽  
Conceptual Research

This research is conceptual research that intends to examine the idea of democracy in progressive legal development. As a means of state policy, the development of laws carries a variety of implications. During that time the law was only understood as a rigid rule and put too much emphasis on aspects of the legal system regardless of the relationship between the law and the issues that had to be addressed, such as social issues. The law is synonymous with the order as a mirror of the regulation of the ruler, on the other hand, there is also an understanding of the law that emphasizes more on the legitimacy aspect of the rule itself. Responsive law is results-oriented, i.e. on goals that will be achieved outside the law. A hallmark of responsive law is the search for implied values contained in rules and policies. In this responsive legal model, they express disapproval of what they consider to be standardized and inflexible interpretations. Legal products that are responsive to the manufacturing process is democratic, namely participation, which invites the participation of as many elements of society as possible, both in terms of individuals, and community groups, and must also aspire to come from the wishes or desires of the community. This means that the product of the law is not the authority of the ruler to simply legitimize his power.    

The Life of Law and the Law of Life

2018 ◽  
Author(s):  
Michael Naas
Keyword(s):  
The Other ◽  
Human Beings ◽  
The Law ◽  
Written Law ◽  
The One ◽  
The Relationship

This chapter analyzes a large swath of Plato’s Statesman (287b–311c) in order to ask, with “Plato’s Pharmacy” in the background, about the Stranger’s claim that law—and especially written law, since writing is the essence of law—is at once inferior to rule without law and yet, in a world without divine rulers, absolutely necessary for human governance. This chapter returns to many of the insights from Chapter 2 on the myth of the two ages, since what that myth demonstrated was the desirability and yet impossibility of an age in which a truly divine being rules over human beings and the concomitant necessity of trying to imitate that age through laws. Once again, we see that what is at issue in the relationship between the two ages, as well as in the relationship between a regime without law and a regime with it, are two different valences or valuations of life—the values of pure life, fecundity, spontaneity, and memory, on the one hand, and the values of death in life, forgetting in memory, and sterility in fecundity, on the other.

Part I Introduction, 1 The Nature of Termination

2020 ◽  
Author(s):  
Stannard John E ◽  
Capper David
Keyword(s):  
Common Law ◽  
The Other ◽  
Breach Of Contract ◽  
Close Relationship ◽  
The Law ◽  
The Right ◽  
The Relationship ◽  
Right To Refuse

This chapter discusses the nature of termination for breach. Termination for breach can be seen both as a process and as a remedy. Traditionally, the topic has been dealt with under the broader umbrella of ‘discharge’, alongside such topics as performance, frustration, and agreement. Problems arise, however, when the notion of discharge is pressed too far; in particular, the idea of the contract ‘coming to an end’ can be a misleading one, and has given rise to various errors and misconceptions. For this and other reasons, more emphasis is now given to termination in the context of remedies. Termination can be one of the most useful weapons in the armoury for the victim of a breach of contract, not least because, unlike many other remedies, it does not require recourse to the courts. However, this notion of termination as a remedy should not obscure the close relationship between termination and the other modes of discharge, most notably frustration. The chapter then looks at the problems in this area of the law, including problems of terminology, the different ways in which common law and equity have approached the question, and the relationship between discharge and damages. It also considers the most important aspects of the right to terminate, including the right to refuse performance.

18 The Law of Neutrality

2021 ◽  
Author(s):  
Bothe Michael
Keyword(s):  
Armed Conflict ◽  
Armed Conflicts ◽  
The Other ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Neutral State ◽  
The Will ◽  
The Law ◽  
The Right ◽  
The Relationship

This chapter focuses on rules of the law of neutrality concerning the protection of the victims of armed conflicts, which must be considered as part of international humanitarian law. ‘Neutrality’ describes the particular status, as defined by international law, of a state not party to an armed conflict. This status entails specific rights and duties in the relationship between the neutral and the belligerent states. On one hand, there is the right of the neutral state to remain apart from, and not to be adversely affected by, the conflict. On the other hand, there is the duty of non-participation and impartiality. The right not to be adversely affected means that the relationship between the neutral and belligerent States is governed by the law of peace, which is modified only in certain respects by the law of neutrality. In particular, the neutral State must tolerate certain controls in the area of maritime commerce. The duty of non-participation means, above all, that the state must abstain from supporting a party to the conflict. This duty not to support also means that the neutral state is under a duty not to allow one party to the conflict to use the resources of the neutral state against the will of the opponent.

Giacomo Devoto 1898–1974

1982 ◽  
Vol 9 (3) ◽  
pp. 495-513
Author(s):  
Paolo Ramat
Keyword(s):  
20Th Century ◽  
Social Institution ◽  
Point Of View ◽  
The Other ◽  
European Studies ◽  
History Of Linguistics ◽  
History Of ◽  
Scientific Significance ◽  
To Come ◽  
The Relationship

Summary The paper essays to give a brief survey of the imposing and complex work of Giacomo Devoto (1897–1974), with particular emphasis on its principal traits seen both from the point of view of the history of linguistics and its scientific significance. Especial attention is drawn first of all to Devoto’s position vis-à-vis Benedetto Croce’s Idealism and the linguistic positivism of the first half of the 20th century. It seems possible to define Devoto’s position as a dialectic one between these two intellectual currents, which eventually led to an historicism, which actually was typical of the Italian linguistic tradition. From this viewpoint then Devoto’s understanding of language as an ‘institution’ is examined, including his intervention in the dispute between N. Ja. Marr and Stalin. After having dealt with his concept of a ‘stylistics of language’, which returns to regarding langue as an historicaland social institution, and its difference from a literary stylistics, Devoto’s Indo-European studies are examined. Here, the question of the relationship between linguistics and the other disciplines concerned with antiuqty is discussed, a relationship which Devotohad been obliged on several occasions to come back to. The ‘Devotian’ position is presented critically with the help of discussions which Devoto himself had entertained, with archaeologists and with linguists.

scholarly journals Ending the life of the act/omission dispute: causation in withholding and withdrawing life-sustaining measures

Legal Studies ◽  
2011 ◽  
Vol 31 (3) ◽  
pp. 467-491 ◽  
Author(s):  
Andrew McGee
Keyword(s):  
Decision Making ◽  
Assisted Suicide ◽  
The Other ◽  
Common View ◽  
Legal Position ◽  
The Law ◽  
The One ◽  
End Of Life Decision ◽  
The Relationship ◽  
Life Decision

The aim in this paper is to challenge the increasingly common view in the literature that the law on end-of-life decision making is in disarray and is in need of urgent reform. The argument is that this assessment of the law is based on assumptions about the relationship between the identity of the defendant and their conduct, and about the nature of causation, which, on examination, prove to be indefensible. A clarification of the relationship between causation and omissions is provided which proves that the current legal position does not need modification, at least on the grounds that are commonly advanced for the converse view. This paves the way for a clarification, in conclusion, of important conceptual and moral differences between withholding, refusing and withdrawing life-sustaining measures, on the one hand, and assisted suicide and euthanasia, on the other.

scholarly journals KAJIAN YURIDIS ANGGARAN DISABILITAS DALAM KEUANGAN NEGARA

FIAT JUSTISIA ◽  
2016 ◽  
Vol 9 (4) ◽  
Author(s):  
B. Hengky Widhi A. ◽  
Y. Sri Pudyatmoko
Keyword(s):  
Corporate Social Responsibility ◽  
Central Government ◽  
The Other ◽  
Persons With Disabilities ◽  
Local Areas ◽  
State Finance ◽  
The Law ◽  
Corporate Social ◽  
The Relationship

This study is departed from the idea that the provision of budget for the persons with disabilities is a very important thing. Recalling this problem, a good regulation is required. This study raised a problem of the urgency of budgeting for the persons with disabilities and the funding strategy as well as the juridical strategy in governing the budget for the persons with disabilities. This study employed a juridical analytical method, a research which is conducted to analyze certain provision of law to be used later in answering the society’ problem. From the research, it could be found that the provision of fund to provide the infrastructures for the persons with disabilities is very urgent. Such urgency included the reasons concerning the funding provision for the persons with disabilities and the determination of their needs required the funding provision. The budgeting strategy for the persons with disabilities is highly dependent on who is responsible for the affairs concerning the persons with disabilities. In the context of the relationship division between Central Government and Local Government, it includes those decentralized to local areas. For that reason, the local areas could provide it from Local Original Income (PAD) deriving from Entertainment Tax with earmarking pattern. When it was not sufficient, recalling that the existing local tax potential was inadequate or null, the funding for the persons with disabilities could be provided by Central Government and the other legitimate source of funds. The regulation strategy which should be taken is to amend the Law Number 28 of 2009 and Law Numer 40 of 2007 on Corporate Social Responsibility, to establish the Law of the Persons with Disabilities to govern the funding.Keywords: persons with disabilities, budget, state finance

scholarly journals The Relastion Between Church and Politcs

2020 ◽  
Vol 3 (1) ◽  
pp. 7-19
Author(s):  
David Ming
Keyword(s):  
Social Issues ◽  
Religion And Politics ◽  
The Other ◽  
Political Issues ◽  
Other Hand ◽  
The Relationship ◽  
The Church

The relationship between the Church (religion) and politics is a very important matter to be discussed both in the academic sphere and in the scope of society in general. The relationship is different from time to time as the relationship between the two raises a  polemic. This is due to the understanding that the field of service the church must be restricted to theological matters. On the other hand, there are those who hold that church activities cannot be narrowed only to abstract / theological matters. The church must instead show its concern on social issues that are very concrete, for example political issues. But before we enter into the discussion of the relationship between "Church and Politics", it helps us to understand what church and politics are

scholarly journals Franchise agreement under the law of the Russian Federation

2021 ◽  
Vol 7 (3) ◽  
pp. 149-154
Author(s):  
Roza Iosifovna Sitdikova ◽  
Dmitriy Anatolievich Petrov
Keyword(s):  
Russian Federation ◽  
The Other ◽  
Know How ◽  
The Russian Federation ◽  
The Law ◽  
The Right ◽  
The Relationship

The franchise agreement in the Russian Federation is the main agreement that formalizes the relationship for organizing a business in the form of franchising. Under a franchise agreement, one party (franchisor) undertakes to provide the other party (user), for a fee, for a period or without specifying a period, the right to use in the user's business a set of exclusive rights belonging to the franchisor, including the right to a trademark, service mark, as well as rights to other objects of exclusive rights provided for by the agreement, in particular to a commercial designation, a secret of production (know-how). The paper analyzes the content and features of this agreement.

scholarly journals Good Girl

2021 ◽  
Vol 2 (1) ◽  
pp. 4-9
Author(s):  
Amy Robillard
Keyword(s):  
The Other ◽  
Good Person ◽  
To Come ◽  
The Relationship

An act of aggression by my nine-year-old dog triggers me to contemplate the relationship among touch, communication, and violence during a pandemic. More specifically, after I let her run (illegally) off-leash at a park near my home, my dog, Essay, attacked another dog for what seemed like no reason. I was horrified, and, having grown up in an abusive home, had to come to terms with being on the other side of an attacker/victim dynamic while I waited to hear whether the other dog would be okay. This prompts me to consider what it means to control our dogs, whether words can touch us when we cannot touch one another, and what it means to be a good person during a pandemic.

Reciprocity

2019 ◽  
pp. 172-193
Author(s):  
Cati Coe
Keyword(s):  
The Other ◽  
Other Hand ◽  
Care Workers ◽  
To Come ◽  
The Relationship ◽  
Interpersonal Recognition ◽  
God's Work

Both care workers and patients are concerned about the reciprocities of the relationship between them. From the patients’ side, the reciprocities are framed as issues of money: are they getting sufficient work and respect from their employees, in exchange for the life savings they are spending? Are they subject to theft by the strangers they are allowing into their homes? Patients expect to buy care and respect as consumers. Care workers, on the other hand, attend to respect and appreciation—whether in the form of redistribution or in the form of interpersonal recognition. Furthermore, some see themselves as doing God’s work, spreading love and encouragement by caring for someone, rather than giving their labor in exchange for money. As such, they do not expect reciprocity to come immediately and from their patients, but on God’s time, in their hour of need.

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