scholarly journals What Makes a "Leading" Case

2010 ◽  
Vol 41 (3) ◽  
pp. 317 ◽  
Author(s):  
Sir Ivor Richardson
Keyword(s):  
Empirical Research ◽  
Historical Context ◽  
50Th Anniversary ◽  
Research Results ◽  
The Law ◽  
Court Of Appeal

The theme developed in the paper is that what makes a leading case is not immediately apparent or able to be captured in a short definition. The crucial questions are how and why a case is seen to be or to have been particularly influential in settling an area of the law. Exploring these questions necessarily involves viewing the case in its historical context. Economic and behavioural implications and impacts should also be kept in mind.The paper draws on empirical research involving retired judges, experienced lawyers and judges' clerks and on specialist essays by senior academic lawyers produced for the 50th anniversary conference of the Court of Appeal in 2008. The research results show how much room there is for differing assessments of significance. The second half of the paper discusses a range of appeal cases explaining how and why the Court focussed on particular matters of significance in deciding the cases.

scholarly journals Implications Juridical Council Regulation Honorary Center Notary Association of Indonesia Number 1 of 2017 About The Limits of Fairness Total Creation Agreement in Semarang

Jurnal Akta ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 789
Author(s):  
Adwin Adwin ◽  
Munsharif Abdul Chalim
Keyword(s):  
Research Methods ◽  
Empirical Research ◽  
Research Results ◽  
The Law ◽  
Council Regulation

The purpose of writing  article is to know and the Honorary Board of Indonesian Notary Association Center for the Determination of Regulation No. 1 of 2017 on the Fairness Limit Per day Total Creation Agreement. This research methods to achieve the objectives of  law is the law of sociological or empirical research. Results of the research which set the contents of  regulation on the restriction of the notary in the agreement a day in which a number of 20 (twenty) in a day. Destinations create those rules for protecting Notary and society who use the services of a Notary, in  case the Honorary Board of Indonesian Notary Association has authority in making these regulations mandate based on the Notary Act. Sanctions For notaries who violate these rules can be wearing the Internal sanctions in question is the organizational and External sanctions.Keywords: Honorary Council Regulation, The Authority, Sanctions.

scholarly journals KEWENANGAN PEGADAIAN DALAM MENERBITKAN SERTIFIKAT BATU MULIA DI INDONESIA

2020 ◽  
Vol 4 (2) ◽  
pp. 184-190
Author(s):  
Alif Arhanda Putra
Keyword(s):  
Empirical Research ◽  
Legal Aspect ◽  
Secondary Data ◽  
Research Results ◽  
The Law ◽  
Research Type ◽  
Precious Stones

Abstract Authority of Pegadaian in Issuance of the Certificates of Precious Stones in Indonesia.This research aimed to determine the institution authorized to issue the certificate of the precious stones in Indonesia. This study used the empirical research type to look at the enforcement of the law from the non-legal aspect. The collected data – both primary and secondary data – were analyzed qualitatively. Then, they were described in order to answer the problems of this research.The research results revealed that The authority to issue certificates for the precious stones in Indonesia was given to the authorized and powerful institutes in order to issue certificates for the precious stones in Indonesia, such as the Pawnshop and order private institutes as the actors in the commerce industry of precious stones in Indonesia. Keywords: Authority, The Pawnshop, Certificates of Precious Stones.

scholarly journals URGENSI PENELITIAN DAN PENGKAJIAN HUKUM DALAM PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN

2012 ◽  
Vol 1 (1) ◽  
pp. 17
Author(s):  
Noor Muhammad Aziz
Keyword(s):  
Empirical Research ◽  
Legal Issues ◽  
Legislative Process ◽  
Research Needs ◽  
Legal Research ◽  
Process Flow ◽  
Research Results ◽  
Development Plans ◽  
The Law ◽  
Laws And Regulations

<p>Dalam Undang-Undang No. 12 Tahun 2011 tentang Pembentukan Peraturan Perundangan, penelitian merupakan aspek penting dalam penyusunan peraturan perundang-undangan, disamping aspek drafting. Karena bukan sesuatu yang mustahil apabila suatu undang-undang dibentuk tanpa didasari suatu riset yang komprehensif dan mendalam hasilnya akan menuai permasalahan baru.Tulisan ini akan mengangkat permasalahan mengenai bagaimana manfaat penelitian hukum dalam kegiatan pembentukan peraturan perundang-undangan. Dengan menggunakan pendekatan yuridis empiris ditemukan bahwa penelitian hukum sangat bermanfaat untuk mendukung Naskah Akademik Rancangan Undang-Undang tertentu, khususnya dalam menuangkan aspek-aspek berkaitan dengan masalah yuridis, sosiologis dan filosofis. Disamping itu Penelitian Hukum juga bermanfaat untuk menyusun rencana-rencana pembangunan hukum yang lebih responsif tanpa keluar dari asas-asas pembentukan hukum. Oleh karena itu optimalisasi hasil penelitian untuk pembentukan peraturan perundang-undangan memerlukan langkah-langkah yuridis dimana penelitian perlu dimasukkan dalam satu alur proses legislasi.</p><p>In Law No. 12 Year 2011 on the Establishment Regulation of legislation, research is an important aspect in the preparation of legislation, as well as aspects of drafting. For it is not impossible if a law is based on established without a comprehensive and in-depth research results will reap new problems. His paper will raise issues about how the benefits of legal research in the activities of the establishment of laws and regulations. By using a juridical approach to empirical research found that the law is very useful to support the Academic Manuscript particular bill, especially in the pouring aspects related to legal issues, sociological and philosophical. Besides, Legal Research is also useful to draw up development plans are more responsive law without departing from the principles of the legal establishment. Therefore, the optimization results for the formation of legislation requiring judicial measures which research needs to be included in the legislative process flow.</p>

scholarly journals Fresh Evidence and Factual Innocence in the Criminal Division of the Court of Appeal

2017 ◽  
Vol 81 (4) ◽  
pp. 303-327 ◽  
Author(s):  
Stephanie Roberts
Keyword(s):  
Empirical Research ◽  
Wrongful Convictions ◽  
Jury Verdict ◽  
Qualitative And Quantitative ◽  
Factual Error ◽  
The Law ◽  
New Evidence ◽  
Court Of Appeal ◽  
Broad Consensus

One of the main criticisms of the Criminal Division of the Court of Appeal has been that it is deficient at identifying and correcting the wrongful convictions of the factually innocent. These criticisms stem from the court’s perceived difficulties in relation to appeals based on factual error. The main ground of appeal for errors of fact is fresh evidence, and these appeals are particularly problematic because they require the court to trespass on the role of the jury somewhat in assessing new evidence on appeal against the evidence at trial in order to determine whether the conviction is unsafe. The broad consensus is that the court’s difficulties are caused by three main issues: its deference to the jury verdict; its reverence for the principle of finality; and a lack of resources to deal with huge numbers appealing. There is less agreement in identifying the source of the problems because it is not clear whether they derive from legislative powers or the interpretation of those powers by the judiciary. This article uses both qualitative and quantitative empirical research in order to try to determine what the court’s approach is in fresh evidence appeals and, if there are problems, whether it is the law or the interpretation of the law by the judiciary which is to blame. It also proposes reforms designed to make it easier for the court to rectify miscarriages of justice.

Lamarck’s Two Legacies: A 21st-Century Perspective on Use-Disuse and the Inheritance of Acquired Characters

2015 ◽  
Vol 3 (5) ◽  
Author(s):  
Eva Jablonka ◽  
Ehud Lamm
Keyword(s):  
21St Century ◽  
Cultural Evolution ◽  
Historical Context ◽  
Physiological Model ◽  
Future Generations ◽  
Biological Plasticity ◽  
Inheritance Of Acquired Characters ◽  
The Law ◽  
Acquired Characters

<p class="p1"><span class="s1"><strong>Abstract </strong></span>| Lamarck has left many legacies for future generations of biologists<span class="s2"><strong>. </strong></span>His best known legacy was an explicit suggestion, developed in the <em>Philosophie zoologique </em>(PZ), that the effects of use and disuse (acquired characters) can be inherited and can drive species transformation.This suggestion was formulated as two laws, which we refer to as the law of biological plasticity and the law of phenotypic continuity<span class="s2"><strong>. </strong></span>We put these laws in their historical context and distinguish between Lamarck’s key insights and later neo-Lamarckian interpretations of his ideas<span class="s2"><strong>.</strong></span>We argue that Lamarck’s emphasis on the role played by the organization of living beings and his physiological model of reproduction are directly relevant to 21st-century concerns, and illustrate this by discussing intergenerational genomic continuity and cultural evolution.</p>

scholarly journals Culpability, Kingston and the Law Commission

2010 ◽  
Vol 74 (5) ◽  
pp. 434-471 ◽  
Author(s):  
Cath Crosby
Keyword(s):  
Justice System ◽  
Criminal Liability ◽  
Character Theory ◽  
Criminal Offence ◽  
Pragmatic Approach ◽  
House Of Lords ◽  
The Law ◽  
Court Of Appeal ◽  
Law Commission ◽  
Do So

This article considers the basis upon which a person should be held to be criminally liable, and to do so, it is necessary to examine the leading theories of character and choice that underpin the State holding a person to be culpable of a criminal offence, i.e. the link between culpability and fault. The case of R v Kingston1 is used to examine the application of these leading theories and it is observed that choice theorists would not excuse such a defendant from criminal liability even though his capacity to make a choice to refrain from law breaking was made extremely difficult by external factors beyond his control. Only character theory could possibly offer exculpation in such circumstances on the basis that the defendant acted ‘out of character’ and his deed did not deserve the full censure and punishment of the criminal law. The Court of Appeal in R v Kingston would have been prepared to excuse, but the House of Lords, and most recently the Law Commission have adopted a pragmatic approach to the involuntarily intoxicated offender. This case serves as a reminder that while justice is the aim of the criminal justice system, it is not an absolute standard.

scholarly journals The Meaning of the Phrase τα στοιχεια του κοσμου in Galatians

2007 ◽  
Vol 53 (2) ◽  
pp. 204-224 ◽  
Author(s):  
MARTINUS C. DE BOER
Keyword(s):  
Historical Context ◽  
Close Attention ◽  
Difficult Question ◽  
The Law

This article seeks a fresh answer to the difficult question of the meaning of the phrase τα στοιχεια του κοσμου in Gal 4.3. The answer is sought by paying close attention to (1) the argumentative context of Paul's use of the phrase in the letter (he posits some sort of equivalence between the veneration of τα στοιχεια του κοσμου and the observance of the Law; he does so for contextually relevant theological and rhetorical reasons), and (2) the cultural-historical context of the addressees, the Gentile believers in Galatia (τα στοιχεια are ‘the gods’ they once venerated; this veneration involved calendrical observances).

Transforming the Law on Psychiatric Lesions

2021 ◽  
Vol 2021 (2) ◽  
pp. 253-271
Author(s):  
Emile Zitzke
Keyword(s):  
Supreme Court ◽  
Expert Witnesses ◽  
The Supreme Court ◽  
Psychological Harm ◽  
The Law ◽  
Constitutional Right ◽  
Law Of Delict ◽  
Court Of Appeal ◽  
Made In

In this article, I trace the development in the law of delict of recognising general damages claims on account of psychiatric lesions with the aim of making suggestions on how to transform it. Using the tragic case of Michael Komape as a springboard for the discussion, I argue that even though the Supreme Court of Appeal has recently brought clarity on the law on psychiatric lesions, more transformative work still needs to be done. More specifically, this article contends that the constitutional right to bodily and psychological integrity might require us to rethink the high evidentiary threshold that courts have set for proving the element of harm in cases related to psychiatric lesions. I argue that this can be done in at least three ways: First, by very cautiously bringing about a development that would involve protecting victims of psychological harm whose expert witnesses are shown to be inadequate despite all other facts indicating the existence of a psychiatric lesion. Secondly, by lowering the requirement of “recognised psychiatric lesion” to “grievous mental injury”, in line with similar arguments made in England. Thirdly, and most controversially, by acknowledging that perhaps the time has come for our law to recognise claims for so-called “grief in the air”.

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