scholarly journals An enquiry into the course of development of the notion of justice in children

2021 ◽  
Author(s):  
◽  
G. D. Halliday

Recently in the locality in which the writer lives, there was formed a "Free Discussions Club". The purpose of its formation was to provide a focal point at which those interested could meet and discuss topics of cultural and general interest. At one of its meetings a paper entitled "Fundamental Morality" was presented. The question raised was one which has exercised the minds of philosophical thinkers of every age and of every school - Is there an ultimate basis for morality? Are actions which are formally wrong - wrong because the law says they are wrong - really wrong in an absolute and ultimate sense. The question thus arose. If the existence of an absolute basic for morality is open to such doubt and uncertainty, upon what is based the moral system of man?

2021 ◽  
Author(s):  
◽  
G. D. Halliday

Recently in the locality in which the writer lives, there was formed a "Free Discussions Club". The purpose of its formation was to provide a focal point at which those interested could meet and discuss topics of cultural and general interest. At one of its meetings a paper entitled "Fundamental Morality" was presented. The question raised was one which has exercised the minds of philosophical thinkers of every age and of every school - Is there an ultimate basis for morality? Are actions which are formally wrong - wrong because the law says they are wrong - really wrong in an absolute and ultimate sense. The question thus arose. If the existence of an absolute basic for morality is open to such doubt and uncertainty, upon what is based the moral system of man?


2020 ◽  
Vol 31 (1) ◽  
pp. 171-200
Author(s):  
Danae Azaria

Abstract This article argues that the International Law Commission (ILC) interprets international law. In recent years, in documents intended to remain non-binding, the Commission has made interpretative pronouncements about a treaty in force, the Vienna Convention on the Law of Treaties, and customary international law reflected therein. This development is called the ‘codification by interpretation’ paradigm in this article. This article argues that interpretation falls within the ILC’s function, and it analyses the effects of the Commission’s interpretative pronouncements. It explains that the ILC’s interpretative pronouncements are not per se binding or authentic. However, they may trigger an interpretative dialogue with states. The ILC’s interpretative pronouncements may constitute a focal point for coordination among states, a subsidiary means for determining rules of law and a supplementary means of (treaty) interpretation. The aim of the ILC’s ‘codification-by-interpretation’ paradigm in the four topics considered in this article is to introduce clarity and predictability into secondary rules on the law of treaties, thus ensuring the clarity and predictability of primary treaty rules across all fields of international law. The ILC endeavours to convince states to use international law as a medium by which they regulate their affairs.


2021 ◽  
Author(s):  
◽  
Giovanna Fenster

<p>This thesis is a hybrid work that combines the critical and creative components of the Creative Writing PhD in a novel, Feverish. It includes notes, an afterword, and a full bibliography.  Feverish is a novel narrated by Gigi, a writer who wishes to induce a fever in herself. The thesis aims to present more than a fictional account of a quest for fever. It aims, rather to travel with the mind of the protagonist. Gigi is not exclusively engaged in quest-related transactions in her present. Her interest in fever moves her to consider events from her past and her upbringing in Apartheid South Africa. It reminds her of a teenaged fascination with brain fever in Wuthering Heights. It prompts her to research fever-related aspects of psychiatric history and Jewish history. It drives her to research the law on consent to self-harm. As Gigi’s interest in fever leads her to these and other topics, so the thesis follows her, so the form adapts.  In both its form and its content, Feverish presents a view into a mind. It provides glimpses of the events that shaped the mind. It describes where the mind goes when in the single-minded grip of a quasi-fever. The novel contains strands of theory, memoir, creative non-fiction, ficto-criticism. These different forms are layered upon each other. At times they make way for each other. At times they assert themselves over each other.  In the notes at the end of the novel, the theoretical strand is at its most assertive. The notes present Gigi’s mind at its most critical, when it is directed at supporting the theoretical aspects of her quest. They support Gigi’s accounts of her research by providing additional information and citations.  The narrative arc is provided by a chronological account of the days Gigi devotes to her fever quest. What follows here is a skeleton account of the novel.  Feverish opens with a conversation between Gigi and a friend. This conversation spurs Gigi to explore brave artistic acts, and to the decision to induce a fever in herself. She remembers childhood holidays. Books, and in particular the nineteenth-century children’s literature that featured fever, are the focal point of these memories. Gigi recalls one particular holiday, taken at a time when a friend of hers, Simon, was just starting to show signs of mental illness.  Gigi starts planning her fever. She writes a ‘fever manifesto’. But she worries her siblings will think her insane. She remembers Alberto, a schizophrenic patient of her father’s for whom recovery had, according to his parents, been foretold.  Gigi’s husband, son and daughter are introduced. The family has a dinnertime discussion on bravery, anti-Semitism and terrorist attacks. Gigi starts researching fever. She imagines a conversation between her deceased father and Simon about Julius Wagner-Jauregg, a Nobel Prize-winning psychiatrist who induced malaria in patients suffering from neurosyphilis. Gigi’s father and Simon discuss an historic ‘showdown’ between Wagner-Jauregg and Freud. Gigi remembers Steve Biko’s death and her father’s aggressive response to a guest who supported Biko’s doctors.  Gigi is distracted from her research into fever by her son, who is vacuuming his room. She tells him a friend of hers is thinking of inducing a fever in herself. He explains the difference between fever and hyperthermia. Gigi realises that, to induce true fever, she will have to become ill. This prompts memories of the meningitis her brother suffered from as a child. Gigi uses Fildes’s famous painting, The Doctor as the starting point in an argument for a universal desire to be watched over in illness.  Gigi imagines a conversation she feels she ought to have had with her father, about (mental) illness in Wuthering Heights. They test the characters against each one’s ability to empathise with Catherine’s ‘brain fever’. Their discussion of Nelly’s status as servant prompts in Gigi the memory of a shameful childhood act.  A visit from a friend from law school prompts Gigi to research the law that could impact on her quest. She reviews case law relating to consent to self-harm, personal autonomy, and the boundaries of criminal law. Her research is interrupted by domestic concerns: her cat kills an endangered bird; her son writes a fever-related essay for school; she accompanies a friend in looking for her errant daughter.  At the end of the novel Gigi and her family confront a crisis. It becomes clear that Gigi is not the only family member unsettled by fever.</p>


2022 ◽  
Vol 35 (1) ◽  
pp. 101-118
Author(s):  
Miral-Sabry AlAshry

The purpose of this study is to investigate the effectiveness of the Egyptian Personal Data Protection Law No. 151 for 2020, as well as its implications for journalistic practice. More specifically, the focal point of this study was to explore how Egyptian journalists interpret the law and its implication for press freedom in Egypt. The underpinning theoretical framework was informed by the Authoritarian school of thought. Questionnaires were distributed to 199 journalists from both independent and semi-governmental representing thirteen official newspapers of Egypt, while in-depth interviews were done with (3) Editors, (4) journalists, and (3) human rights lawyers. The finding of the study indicated that the government placed restrictions on journalists by using Data Protection Law relating to the media. That law is negatively impacting journalists and media houses. It was clear from the findings that the journalists see the law as an obstacle to media independence, as it allows the government to exercise greater information control through digital policy and puts rules of regulation against journalists.


1986 ◽  
Vol 21 (2) ◽  
pp. 177-200
Author(s):  
Lionel Kestenbaum

Israel's Restrictive Trade Practices Law, 1959, after a period of relative quiescence, appears to have become the subject of significant enforcement efforts. A major event reflecting this development was the filing of criminal charges against the country's four leading banks (and a top executive of each) in mid-1984 for illegally combining to fix interest rates paid on negotiable certificates of deposit. The prosecution was eventually resolved early in 1986 by a plea bargain which included another major event – the first negotiation of remedial rules of conduct to prevent future violations (hereinafter the “Bank Rules” or “Rules”), which were hailed by the chief enforcement official, the Controller of Restrictive Practices, as adding an efficient and highly important tool to enforcement of the Law.The Bank Rules are similar to the consent decrees familiar to United States antitrust law. Indeed, the parties and the Chairman of the Restrictive Trade Practices Board, retired Supreme Court Justice D. Bechor, explicitly recognized and discussed the relevance of United States precedents in the proceedings which produced the Bank Rules. Just as the bank case has heightened awareness of the Law, so adoption of the Rules is probably a harbinger of remedies to come. The Bank Rules are thus of considerable practical relevance to counsel concerned with commercial contracts and practices as well as of general interest to those following the international diffusion of antitrust ideas.


Written by a specialist team of academics, judges and practising lawyers from the UK and abroad under the editorial direction of Dr Nicole Moreham and Sir Mark Warby, The Law of Privacy and the Media gives expert guidance for practitioners working on cases relating to privacy and the media, and will be of value to academics with an interest in this field. The first two editions of this book quickly established themselves as the leading reference works on the rapidly developing law of privacy in England and Wales. They have been frequently referred to in argument in privacy cases, and extracts have been cited with approval in judgments of the High Court and Courts of Appeal. Following the Leveson Inquiry, the laws and regulations governing the English media have come under intense scrutiny. This work has been revised and updated to incorporate discussion of both those debates and the continually changing landscape of privacy protection. The book offers an overview of English media privacy law, outlining key legislation and legal rules. It includes comparative perspectives and addresses current debates about the form and scope of modern privacy protection. The Law of Privacy and the Media provides detailed but accessible chapters on the various forms of wrongful publication of personal information, as well as intrusion into physical privacy, before considering justifications and defences, remedies and the procedure to be followed in such cases. This edition includes new chapters giving separate consideration to new media and harassment by publication. The Law of Privacy and the Media is essential reading for all those who act for or against the media or who have a general interest in the subject.


Archaeologia ◽  
1832 ◽  
Vol 25 ◽  
pp. 61-99
Author(s):  
John Bruce

Few men have suffered the extreme penalty of the law under circumstances more calculated to arouse general commiseration, than those which attended the death of Fisher, Bishop of Rochester. It has nevertheless happened, that whilst the most trifling circumstances relating to his illustrious companion in misfortune have been dwelt upon with great minuteness, the fall of Fisher has not been investigated with any thing like a proportionable diligence. The chief reason for this marked difference may be found, I imagine, in the personal character of Sir Thomas More, compounded as it was of qualities more showy and attractive than the meek and Christian virtues of Bishop Fisher. The discrepancies and contradictions in the accounts of the proceedings against Fisher given by our best historians are so numerous, that I have thought a careful statement of the circumstances which accompanied his fall, partly derived from MSS. which do not appear to have been printed, would probably be acceptable to you, and if you think the matter of sufficient general interest to merit the attention of the Society of Antiquaries, you will oblige me by submitting the following remarks to their notice.


2015 ◽  
Vol 5 (2) ◽  
pp. 561-587
Author(s):  
Makinuddin Makinuddin

Abstract: Al-Qur’an is revealed by Allah as a guidance for mankind. Most of its verses were revealed without circumstantial events on which the verses were revealed. Meanwhile, there are also some of its verses which were revealed to answer or respond particular events or questions that can be easily understood from their historicity especially those which related to Islamic law. This particular events or questions are called sabab al-nuzul (context of revelation) in the study of Qurán. This research shows that there are many advantages of the context of the revelation associated with the legal verses. The wisdom and secret of the verses become the basis of the law promulgation to reach a public interest. As for the impact of the context of the revelation is that the derived law will be enforced since the legal event happened, and not since it was revealed. This rule is based on the principle of “the derivation of Islamic constitution is understood from the particular context of the revelation and not based on the general meaning of the word”, particularlyassociated with the criminal act which violatespublic or general interest. Thus, it is clear that the principle of legality is not always enforced in the Islamic criminal law. Under a certain condition, it may be applied retroactively if the criminal actdisturbs public interest. So that, this research will focus on the legal consequences of verses of al-Qur’an which have the historical background and those which do not.Keywords: Reason of the revelation, certain historical background, retroactive, and muharabah Abstrak: Al-Qur’an diturunkan ada yang tidak melalui sebab dan ini lebih banyak daripada yang melalui sebab dan ia merupakan wahyu yang menjadi petunjuk Allah bagi  umat manusia (hudan li al-nas). Sementara itu, ada juga yang melalui sabab al-nuzul, karena adanya fatrat min al-rasul (kekosongan umat manusia dari keberadaan Nabi dan Rasul) dan mengandung beberapa hikmah yang dalam, terutama terkait dengan pemahaman ayat-ayat hukum dalam al-Qur’an. Melalui tulisan ini, ditemukan bahwa banyak manfaat sabab al-nuzul terkait dengan ayat hukum, di antaranya dapat diketahui hikmah dan rahasia diundangkannya suatu hukum dan perhatian shara’ terhadap kepentingan umum. Dampak sabab al-nuzul dengan penerapan asas berlaku surut (athar raj’i), yaitu hukum yang diturunkan akan diberlakukan sejak peristiwa hukum (tindak pidana) itu terjadi, bukan sejak al-Qur’an diturunkan, menurut kaidah sabab al-nuzul, al-‘ibrah bi khusus al-sabab, bukan al-‘ibrah bi ‘umum al-lafz, terkait dengan tindak pidana yang mengganggu masyarakat atau kepentingan umum. Sehingga, menjadi jelas bahwa asas legalitas tidak selamanya diberlakukan dalam hukum pidana Islam maupun positif. Dalam kondisi tertentu dapat diberlakukan surut jika tindak pidana mengganggu kepentingan umum dan menguntungkan pelaku pidana jika terjadi perubahan peraturan dengan menganalogkan kepada peristiwa terdahulu melalui pendekatan sabab al-nuzul, bahkan dalam hukum pidana Islam lebih luas penerapan asas berlaku surut.Kata Kunci: Sabab al-nuzul, khusus al-sabab, berlaku surut, muharabah


Author(s):  
Imam Hafas

The dynamics of polygamy are not uncommon to talk about, considering that polygamy is widely practiced by the public and the actions of polygamy are not in accordance with the existing laws and regulations or laws in Indonesia. Many actions of polygamy violate the existing rules, one of which is the existence of marriage outside the KUA conducted secretly. A family will never achieve happiness in the world without the descendants born from the bond of marriage. Indonesia is one country that is able to see and interpret the actions of polygamy that occur outside the court or without the knowledge of the first wife. This is triggered by the desire of a husband who wants to polygamy or gets married for the second time. Talking about a marriage that is not always happy, can even bring a disaster, both on the part of a wife and a husband. One way is to get offspring from the marriage. In scientific studies that will be the focal point is about the reason for a husband to carry out acts of polygamy, both in Islamic provisions and in the provisions of the law. The method in scientific studies here uses qualitative methods with normative juridical research types and the nature of descriptive analysis research, as well as using an inductive thinking framework.


The Kantian project of achieving perpetual peace among states seems (at best) an unfulfilled hope. Modern states’ authority claims and their exercise of power and sovereignty span a spectrum: from the most stringently and explicitly codified—the constitutional level—to the most fluid and turbulent acts of war. The Public Uses of Coercion and Force investigates both these individual extremes and also their relationship. Using Arthur Ripstein’s recent work Kant and the Law of War as a focal point, this book explores this connection through the lens of the (just) war theory and its relationship to the law. The Public Uses of Coercion and Force asks many key questions: what, if any, are the normatively salient differences between states’ internal coercion and the external use of force? Is it possible to isolate the constitutional level from other aspects of the state’s coercive reach? How could that be done while also guaranteeing a robust conception of human rights and adherence to the rule of law? With individual replies by Ripstein to chapters, this book will be of interest to students and academics of constitutional law, justice, philosophy of law, criminal law theory, and political science.


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