scholarly journals KARAKTERISTIK KEDUDUKAN HUKUM AHLI WARIS KHUNTSA BERDASARKAN ADAT BADAMAI MASYARAKAT BANJAR

2015 ◽  
Vol 11 (22) ◽  
pp. 88-109
Author(s):  
Riana Kesuma Ayu
Keyword(s):  
Dispute Resolution ◽  
Economic Conditions ◽  
Master Teacher ◽  
Moral Value ◽  
Close Relatives ◽  
The Right ◽  
Joint Property ◽  
The Way

Badamai at Banjar Adat community is the implementation of Islamic moral value that have always taught the way of peace or islah in resolving a dispute. Badamai in inheritance disputes prevalent in Banjar society islah way. Similarly in the case of dispute resolution such as divorce marital reconciliation, separate beds (barambangan), including the division of joint property badamai finish (treasure continence) during the marriage in the event of divorce or because of divorce life, this is often done by attempting to reconcile through roles (hakamain). The results of this research are: (1) the division of the community estate in Banjar performed usig an agency called islah, which is essentially the institution determines each part of the theirs and other beneficiaries by consensus. In the role of institutions islah master teacher and close relatives are parents is crucial. Therefore there is the role of master teacher, then the provisions of Islamic aw into their benchmark. But under normal circumstances (no inheritance dispute) the division of inheritance is done varies, at least in two ways, Fara’id-Islah ad second Islah way, and (2) how to completion of the distribution of the estate is done in a family that is by agreement of the heirs based on a custom badamai valid for the Banjar, a wise solution to address the differences in economic conditions heirs. Waris Distribution Agreement in principle heir to the principle of division of real kinship is based on the belief of the scholars of fiqh that matter the beneficiary is an individual right which shall have the right to use or not use its right, or use their rights in a particular way while not harming others in accordance with the standard rules apply in ordinary circumstances

scholarly journals TINJAUAN YURIDIS ASAS-ASAS UMUM PEMERINTAHAN YANG BAIK SEBAGAI DASAR PEMBATALAN KEPUTUSAN TATA USAHA NEGARA DALAM KAITANNYA DENGAN PASAL 53 AYAT (2) UNDANG-UNDANG NOMOR 9 TAHUN 2004

2016 ◽  
pp. 70
Author(s):  
Kristhiana Anthonia Laratmase
Keyword(s):  
Dispute Resolution ◽  
Economic Conditions ◽  
Master Teacher ◽  
Moral Value ◽  
Close Relatives ◽  
The Right ◽  
Joint Property ◽  
The Way

Badamai at Banjar Adat community is the implementation of Islamic moral value that have always taught the way of peace or islah in resolving a dispute. Badamai in inheritance disputes prevalent in Banjar society islah way. Similarly in the case of dispute resolution such as divorce marital reconciliation, separate beds (barambangan), including the division of joint property badamai finish (treasure continence) during the marriage in the event of divorce or because of divorce life, this is often done by attempting to reconcile through roles (hakamain). The results of this research are: (1) the division of the community estate in Banjar performed usig an agency called islah, which is essentially the institution determines each part of the theirs and other beneficiaries by consensus. In the role of institutions islah master teacher and close relatives are parents is crucial. Therefore there is the role of master teacher, then the provisions of Islamic aw into their benchmark. But under normal circumstances (no inheritance dispute) the division of inheritance is done varies, at least in two ways, Fara’id-Islah ad second Islah way, and (2) how to completion of the distribution of the estate is done in a family that is by agreement of the heirs based on a custom badamai valid for the Banjar, a wise solution to address the differences in economic conditions heirs. Waris Distribution Agreement in principle heir to the principle of division of real kinship is based on the belief of the scholars of fiqh that matter the beneficiary is an individual right which shall have the right to use or not use its right, or use their rights in a particular way while not harming others in accordance with the standard rules apply in ordinary circumstances.

The adaptation of design thinking in auditing

2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Linda MEIJER-WASSENAAR ◽  
Diny VAN EST
Keyword(s):  
The Netherlands ◽  
Design Thinking ◽  
Public Organizations ◽  
Design Framework ◽  
The Right ◽  
The Way

How can a supreme audit institution (SAI) use design thinking in auditing? SAIs audit the way taxpayers’ money is collected and spent. Adding design thinking to their activities is not to be taken lightly. SAIs independently check whether public organizations have done the right things in the right way, but the organizations might not be willing to act upon a SAI’s recommendations. Can you imagine the role of design in audits? In this paper we share our experiences of some design approaches in the work of one SAI: the Netherlands Court of Audit (NCA). Design thinking needs to be adapted (Dorst, 2015a) before it can be used by SAIs such as the NCA in order to reflect their independent, autonomous status. To dive deeper into design thinking, Buchanan’s design framework (2015) and different ways of reasoning (Dorst, 2015b) are used to explore how design thinking can be adapted for audits.

scholarly journals THE ROLE OF ADULT STUDENT’S INDIVIDUALITY IN OPTIMIZATION OF EDUCATIONAL PROCESS

2018 ◽  
Author(s):  
Olha Serheieva
Keyword(s):  
Educational Process ◽  
Educational Groups ◽  
Effectiveness Of Training ◽  
Conducting Research ◽  
The Right ◽  
The Way

The article outlines the main criteria for determining the temperament of the student for the formation of educational groups in order to optimize the educational process. It describes the way of conducting research to identify the effectiveness of training students with a predominant phlegmatic type of temperament (introverts) and students with a predominant choleric type of temperament (extroverts) in separate academic groups. The article also touches upon the problem of the right to have a mistake as the only way to the educational growth of a person. The main results of the study are pointed out.

Seeking Reconciliation

2020 ◽  
pp. 88-124
Author(s):  
Arzoo Osanloo
Keyword(s):  
Criminal Law ◽  
Cycle Of Violence ◽  
Considerable Influence ◽  
The Family ◽  
The Law ◽  
The Right ◽  
Legitimate Violence ◽  
Sense Of Power ◽  
The Way

This chapter studies the operations of the Iranian criminal law and analyzes how the procedural administration of the law animates the shariʻa. Iranian criminal laws provide many avenues for victims to forgo retributive sanctioning. But preserving the right of retribution serves several purposes: maintaining the sovereign's monopoly on legitimate violence, giving victims a sense of power, and halting the cycle of violence. The way Iran achieves this comprises an interesting balancing act between maintaining the monopoly over legitimate violence and granting individual victims the right of retribution, which its leaders believe, through their interpretation of the shariʻa, cannot be appropriated by the sovereign. Since the law categorizes intentional murder as qisas and leaves judges with no discretion in sentencing, the judges may use their considerable influence to pressure the family to forgo retribution. The chapter then considers the role of judges and examines how the laws (substantive and procedural) shape their reasoning and discretion in both sentencing and encouraging forbearance.

The Right to Health

2018 ◽  
pp. 231-264
Author(s):  
Sandra Fredman
Keyword(s):  
Human Rights ◽  
Reproductive Health ◽  
Final Section ◽  
Right To Health ◽  
Individual Rights ◽  
Personal Integrity ◽  
Human Right ◽  
The Right ◽  
The Way

Is health a human right? Many would maintain that it is not. On this view health and ill-health are due to natural causes, not to State actions. Others are concerned that health raises too many polycentric problems to be dealt with through justiciable human rights. These contestations have shaped the way in which the right to health is understood. Section II sketches out the health context. Section III considers jurisdictions in which there is no express right to health, but a right has been derived from rights to life, personal integrity, or privacy. Section IV contrasts this approach with jurisdictions with an express right to health. Section V examines the role of the right to equality, while section VI focuses on reproductive health. The final section returns to the challenges of polycentricity and the extent to which a justiciable right can address systemic issues rather than individual rights to medication.

Critique of Heron's Directional-Reading Conflict Theory of Scanning

1969 ◽  
Vol 29 (1) ◽  
pp. 271-276 ◽  
Author(s):  
Robert Fudin
Keyword(s):  
Visual Field ◽  
Eye Movement ◽  
Left Visual Field ◽  
Critical Evaluation ◽  
Slight Modification ◽  
Conflict Theory ◽  
Right Visual Field ◽  
The Right ◽  
The Way

Heron (1957) proposed a theory of scanning of tachistoscopically presented alphabetical stimuli. It provided a unifying framework to interpret the disparate results obtained when a target is exposed such that half of it is in the left visual field and half in the right visual field, and when arrays are presented laterally, i.e., either in the right or left field. The theory basically holds that eye-movement tendencies established through reading are also operative in covert scanning because tachistoscopically exposed material is encoded in a manner similar to the way it is read. This paper accepts this position but offers a critical evaluation of Heron's ideas as to the manner in which these tendencies function. This discussion and a reexamination of the role of these tendencies in reading lead to the conclusion that they operate sequentially, not simultaneously, as Heron contended. A slight modification in Heron's theory is offered in light of this conclusion.

scholarly journals La Constitution canadienne et la protection des minorités ethniques

2005 ◽  
Vol 27 (1) ◽  
pp. 171-188
Author(s):  
José Woehrling
Keyword(s):  
Financial Cost ◽  
Canadian Charter ◽  
Minorités Ethniques ◽  
National Characteristics ◽  
International Obligations ◽  
The Right ◽  
Principle Of Territoriality ◽  
The Way

Canada's international obligations for protecting minorities imply non discrimination and the establishment of means for allowing minorities to preserve and perpetuate their national characteristics. The author deals with the scope and role of the Canadian Charter in recognizing the value of « multiculturalism. » He presents the various obstacles that lay in the way of exercising the right to multiculturalism such as the financial cost for achieving it and the principle of « territoriality. »

Alternative Dispute Resolution and Individual Workplace Rights: The Evolving Role of Fair Work Australia

2011 ◽  
Vol 53 (5) ◽  
pp. 718-732 ◽  
Author(s):  
Therese MacDermott ◽  
Joellen Riley
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Access To Justice ◽  
Traditional Role ◽  
Adverse Action ◽  
Recognition And Enforcement ◽  
Workplace Rights ◽  
The Right ◽  
Resolution Processes

This article examines the dispute resolution practices of Fair Work Australia that are evolving to deal with individual workplace rights, as its traditional role shifts away from conciliating and arbitrating collective industrial disputes. The workplace rights enshrined in the ‘general protections’ provisions in Part 3-1 of the Fair Work Act 2009 protect employees and prospective employees from any ‘adverse action’ taken against them because they are exercising a workplace right, or because they fall within one of the protected categories, such as the right to be free from discrimination. A broad range of alternative dispute resolution processes is now available to Fair Work Australia in dealing with such disputes. Alternative dispute resolution processes are seen as a way of avoiding costly and time-consuming litigation, and in some circumstances can improve access to justice for individuals. This article explores whether Fair Work Australia is likely to adopt different dispute resolution approaches from its traditional conciliation practices when managing ‘general protections’ applications, and whether the framework for dealing with these disputes will facilitate fair recognition and enforcement of workplace rights.

Evolutionary factors influencing the nature of parasite specificity

Parasitology ◽  
1994 ◽  
Vol 109 (S1) ◽  
pp. S85-S95 ◽  
Author(s):  
M. L. Adamson ◽  
J. N. Caira
Keyword(s):  
Final Host ◽  
Feeding Styles ◽  
Host Defense System ◽  
Host Ecology ◽  
Parasite Evolution ◽  
The Right ◽  
Parasitic Association ◽  
Host Tissues ◽  
The Way

SUMMARYThis article considers how specificity patterns are shaped during the course of parasite evolution. Parasites are first and foremost specific to site, or microhabitat; host ranges are far more subject to change than is microhabitat. Specificity results from a number of convergent phenomena starting with habits (microhabitat and feeding styles) of free-living progenitors and the way in which the parasitic association arises (e.g., passive oral contamination as opposed to intrusive entry). These bias the types of interaction parasites have with the host, and, through this, the way specificity develops. Host ecology acts as an external factor affecting specificity and predominates in parasites that interact minimally with the hosts physiological and immune systems. Coevolutionary factors are more important in parasites that feed on host tissues or occur in extraintestinal sites. Here, parasites must present the right cues, and respond appropriately to the host defense system. The ability to generalize these cues and responses across host boundaries may act as a constraint on host range. The functional role of the host in the parasite life history also affects the degree of specificity; thus, parasites may act as host generalists in hosts that act as trophic channels to the final host. The role of competition in determining specificity is difficult to assess. However, competition has been reported to influence microhabitat and host distribution through interactive site selection and/or competitive seclusion.

Belief

2018 ◽  
Author(s):  
David Braddon-Mitchell ◽  
Frank Jackson
Keyword(s):  
Internal State ◽  
Propositional Attitude ◽  
Special Theory ◽  
Mental States ◽  
Intentional State ◽  
Theory Of Relativity ◽  
Public Language ◽  
The Right ◽  
The Way

We believe that there is coffee over there; we believe the special theory of relativity; we believe the surgeon; some of us believe in God. But plausibly what is fundamental is believing that something is the case – believing a proposition, as it is usually put. To believe a theory is to believe the propositions that make up the theory, to believe a person is to believe some proposition advanced by them; and to believe in God is to believe the proposition that God exists. Thus belief is said to be a propositional attitude or intentional state: to believe is to take the attitude of belief to some proposition. It is about what its propositional object is about (God, the operation, or whatever). We can think of the propositional object of a belief as the way the belief represents things as being – its content, as it is often called. We state what we believe with indicative sentences in ‘that’-clauses, as in ‘Mary believes that the Democrats will win the next election ’. But belief in the absence of language is possible. A dog may believe that there is food in the bowl in front of it. Accordingly philosophers have sought accounts of belief that allow a central role to sentences – it cannot be an accident that finding the right sentence is the way to capture what some person believes – while allowing that creatures without a language can have beliefs. One way of doing this is to construe beliefs as relations to inner sentences somehow inscribed in the brain. On this view, although dogs do not have a public language, to the extent that they have beliefs they have something sentence-like in their heads. An alternative tradition focuses on the way belief when combined with desire leads to behaviour, and analyses belief in terms of behavioural dispositions or more recently as the internal state that is, in combination with other mental states, responsible for the appropriate behavioural dispositions. An earlier tradition associated with the British empiricists views belief as a kind of pale imitation of perceptual experience. But recent work on belief largely takes for granted a sharp distinction between belief and the various mental images that may or may not accompany it. A focus of recent discussions of belief has been the extent to which what a subject believes is a function of their surroundings. Everyone agrees that what subjects believe is causally influenced by their surroundings. The sun’s impact on my sense organs causes me to believe that it is sunny. But many argue that the role of subjects’ surroundings in determining what is believed outruns their causal effects.

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