scholarly journals From Stele to Silicon: Publication of Statutes, Public Access to the Law, and the Uniform Electronic Legal Material Act

2019 ◽  
Author(s):  
Frederick Dingledy
Keyword(s):  
Legal System ◽  
Public Access ◽  
The Public ◽  
The Law

111 Law Libr. J. 165 (2019). For a legal system to succeed, its laws must be available to the public it governs. This article looks at the methods used by different governments throughout history to publicize legislation and the rulers’ possible motivations for publication. It concludes by discussing how the Uniform Electronic Legal Material Act provides the next logical step in this long tradition of publicizing the law.

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.

scholarly journals MKRI. PERLINDUNGAN HAK ANAK DALAM PELAKSANAAN PROGRAM IMUNISASI DI KABUPATEN KARANGANYAR (Kajian Kasus Penolakan Imunisasi Anak Di Kabupaten Karanganyar)

2017 ◽  
Vol 5 (2) ◽  
Author(s):  
Dwi Rusharyati ◽  
Widodo.T Novianto ◽  
Moch. Najib Imanullah
Keyword(s):  
Legal System ◽  
Legal Protection ◽  
Primary Data ◽  
Childhood Immunization ◽  
Immunization Program ◽  
Child Immunization ◽  
The Public ◽  
Legal Structure ◽  
Rights Of The Child ◽  
The Law

<p>Abstract<br />This article aims to explain the causes of the rejection of child immunization and efforts should be made so that the implementation of the childhood immunization program is well received in the protection of the rights of children in Karanganyar. This type of research is empirical. Form of research is exploratory. The data used are primary data and secondary data collection methods of documentation and interviews. Analysis of data using qualitative analysis. Based on the description of the results of research and discussion in connection with the considered problem with the theory of the legal system and application of the theory of law, it can be concluded that the factors that led to the rejection of immunization is: (a) the legal structure has not been able to implement the rules contained in the law; (b) legal norm or rule can not be implemented fully in society; (c) Most people do not understand the law and legal content community do not know the benefits of the existing law. Efforts should be made so that the implementation of the childhood immunization program is well received by all communities in Karanganyar district are: (a) the legal structure should be addressed; (b) The public policy context with the real conditions in the field or community legal norms or rules that can be applied; (c) promoting positive law and the laws governing the contents of the immunization program to the public so that people understand them. As for the consequences of the legal system are not addressed, then the rejection of child immunization will still occur and may tend to increase. The rights of children to be immunized and the rights of children born to avoid the diseases that threaten the survival and/or cause disability unprotected</p><p>Keywords: Legal Protection; Rights of the Child; Immunization Program.</p><p>Abstrak<br />Artikel ini bertujuan menjelaskan faktor penyebab terjadinya penolakan imunisasi anak dan upaya yang harus dilakukan agar pelaksanaan program imunisasi anak dapat diterima dengan baik dalam <br />upaya perlindungan hak-hak anak di Kabupaten Karanganyar. Jenis penelitian adalah empiris. Bentuk penelitian adalah eksploratif. Data yang digunakan adalah data primer dan data sekunder dengan metode pengumpulan data dokumentasi dan wawancara.  Analisis datanya menggunakan analisis kualitatif. Berdasarkan deskripsi hasil penelitian dan pembahasan sehubungan dengan <br />masalah yang dikaji dengan teori sistem hukum dan teori  penerapan hukum, dapat disimpulkan bahwa faktor yang menyebabkan terjadinya penolakan imunisasi adalah : (a) Struktur hukumnya <br />belum mampu melaksanakan aturan yang ada dalam hukum; (b) Norma atau aturan hukumnya belum dapat diterapkan sepenuhnya di masyarakat; (c) Sebagian masyarakat belum memahami <br />hukum dan isi hukum sehingga masyarakat belum mengetahui manfaat dari hukum yang ada. Upaya yang harus dilakukan agar pelaksanaan program imunisasi anak dapat diterima dengan <br />baik oleh semua masyarakat di Kabupaten Karanganyar adalah : (a) struktur hukumnya harus dibenahi; (b) Adanya kebijakan publik yang lebih kontekstual dengan kondisi riil di lapangan <br />atau masyarakat sehingga norma atau aturan  hukumnya dapat diterapkan; (c) mensosialisasikan hukum positif dan isi hukum yang mengatur tentang program imunisasi kepada masyarakat <br />sehingga masyarakat memahaminya. Adapun konsekuensi apabila sistem hukumnya tidak dibenahi, maka penolakan imunisasi anak akan tetap terjadi dan mungkin cenderung meningkat. <br />Hak anak untuk mendapatkan imunisasi dan hak anak yang lahir terhindar dari penyakit yang mengancam kelangsungan hidup dan/atau menimbulkan kecacatan belum terlindungi.</p><p>Kata kunci: Perlindungan Hukum: Hak Asasi Anak; Program Imunisasi.</p>

scholarly journals Lelang Jabatan dalam Sistem Hukum di Indonesia

2015 ◽  
Vol 3 (1) ◽  
pp. 38
Author(s):  
Elidar Sari
Keyword(s):  
Legal System ◽  
Civil Servant ◽  
Legal Procedure ◽  
The Public ◽  
The Law ◽  
The Government ◽  
Government Body ◽  
Public Demand

The case of official positional auction under Indonesia legal system is not yet determined hence on this case, the civil servant regulation is adopted as a reference on goverment organization. Therefore, the government body or state officials may consider any policy in order to fullfil the public demand. Indonesian officials have right to act based on Fress Ermessen’s principle which can provides the freedom for authorized party to make decision as long as it is still on the track and does not overreach legal procedure. Consequently, the official positional auction is considered as a policy that belong to all state officials as long as it does not againts the law.

Officials and Chinese Justice: Public and Private Wrongdoing in Qing Law

T oung Pao ◽  
2020 ◽  
Vol 106 (5-6) ◽  
pp. 661-713
Author(s):  
Nancy Park
Keyword(s):  
Legal System ◽  
The Body ◽  
Public And Private ◽  
The Public ◽  
The Qing Dynasty ◽  
System A ◽  
Specific Goal ◽  
The Law ◽  
Historical Antecedents ◽  
Philosophical Writings

Abstract This article examines the law of officials during the Qing dynasty (1644-1912), focusing on the body of statutes, substatutes, and regulations pertaining to the organization and operations of the imperial Chinese bureaucracy. The general objective of the article is to draw attention to the law of officials and its significance within the Qing legal system. A more specific goal is to examine how official wrongdoing was defined, differentiated, and dealt with in Qing law, highlighting the crucial distinction between the two main categories of official wrongdoing: “public wrongdoing” (gongzui 公罪) and “private wrongdoing” (sizui 私罪). Part I analyzes the legal distinction between public and private wrongdoing; Part II examines the historical antecedents of the public-private distinction, as expressed in the philosophical writings and the codified law of earlier dynasties; and Part III analyzes the substantive and procedural consequences of the public-private distinction on Qing officials.

scholarly journals Why Lawyers and Legal Educators Should Care About (Epistemic) Justice

2019 ◽  
Vol 27 (1) ◽  
pp. 5-46
Author(s):  
Melanie Walker
Keyword(s):  
Higher Education ◽  
Rule Of Law ◽  
Legal System ◽  
Human Dignity ◽  
Law School ◽  
The Rule Of Law ◽  
The Public ◽  
Constitutional Order ◽  
Legal Traditions ◽  
The Law

Society shapes the law and the law, we hope, might shape society for the better in turn. Legal traditions and practices therefore surely ought to secure for all citizens the prerequisites of a life worthy of human dignity. In a speech to the Routledge-Modise Law School in Johannesburg in September 2008, Justice Kate O’Regan[1] drew on Antony Kronman’s theory that one of the main characteristics identifying the practice of Law is that it is directly concerned with the public good. Lawyers have a responsibility to foster the legal system and the rule of law; at times, this might require them to suggest new laws or legislation; at other times, it might require them to criticize judgments which may not appear correct; at other times, they may need to protect the rule of law itself.[1] O’Regan, K. ‘Lawyering in Our New Constitutional Order.’ (2009). UCT News Alumni Magazine cited in Walker. M. Higher Education Pedagogies. (2016) Maidenhead: Open University Press & SRHE

scholarly journals PERLINDUNGAN PEMILIK MEREK PERTAMA PADA SISTEM KONSTITUTIF

2019 ◽  
Vol 16 (2) ◽  
Author(s):  
Arfi Dyah Chatarina
Keyword(s):  
System Theory ◽  
Research Methods ◽  
Legal System ◽  
Legal Protection ◽  
Geographical Indications ◽  
Registration System ◽  
Law System ◽  
The Public ◽  
Criminal Charges ◽  
The Law

<p>With a brand, the company that produces the goods will be easily recognized. When the brand is already known by the public, will raise the reputation of the brand of the product so that in the event of violations, such as piracy or imitation famous brand are harmed is the first legitimate brand owners. Based on the permaslaah, then this article will be discussed about the protection of brand owners in the legal system of the first brand in Indonesia. Based on the background of the above can be identified several problems that include (1) the protection of brands based on the works of the law, system theory (2) system registration brand in Indonesia from time to time in accordance with the act of the brand that once existed in the Indonesia, (3) the protection of the law on the registration of the first brand owner brand with constitutive system, (4) a system of registration of the trademark in other countries. To address these problems, the authors use the juridical normative research methods. The system of registration, a brand under law 20/2016 about brands and geographical indications has a first to file. Legal protection of trademark owners first can be divided into two, namely the preventive legal protection that is made through registration of the brand and the repressive nature of legal protection that is done in case of violation of the brand through lawsuits or criminal charges. In addition, the act 20/2016 about brands and geographical indications as well arrange regarding the protection of brand owners first through temporary assignment court to protect its brand in order to prevent a greater harm. System registration brand in Malaysia with the same registration system brand in Indonesia. The two countries adhere to the basic constitutive system with first to file, i.e. the first applicant is a legitimate brand owners and obtained exclusive rights over its brand.</p>

Exception from informed consent for emergency research: The experience of the public access defibrillation trial

2002 ◽  
Author(s):  
Vincent N. Mosseso ◽  
◽  
Lawrence H. Brown ◽  
Shannon W. Stephens ◽  
Tom P. Aufderheide ◽  
...  
Keyword(s):  
Informed Consent ◽  
Public Access ◽  
Emergency Research ◽  
The Public ◽  
Public Access Defibrillation

Female Professionals and (Neo-)Victorianism: The Case ofThe Good Wife

2016 ◽  
Vol 6 (1) ◽  
pp. 5-24
Author(s):  
Isabel Santaularia i Capdevila
Keyword(s):  
Television Series ◽  
The Public ◽  
Bleak House ◽  
Professional Success ◽  
The Law ◽  
Good Wife ◽  
Woman In White ◽  
The Public Sphere ◽  
Female Professionals ◽  
Nineteenth Century Novels

The article examines The Good Wife (CBS 2009–), as well as other recent television series with female professionals as protagonists, alongside nineteenth-century novels such as Wilkie Collins's The Woman in White and The Law and the Lady, Charles Dickens's Bleak House, or Bram Stoker's Dracula, which, like The Good Wife, place ‘the law’ and ‘the lady’ in direct confrontation. This comparative analysis reveals that current television series, even those that showcase women's professional success, articulate a discourse that valorises domestic stability and motherhood above professional achievements and, therefore, resonate with Victorian ideologies about the conflicted relation between women and the public sphere. Contemporary television series are not so different from Victorian texts that grant their heroines freedom to move outside home-boundaries, while treating women's public ascendancy as a transgression of normative femininity and using a number of strategies devised to guarantee women's return home and/or an appreciation of what they have to sacrifice in order to advance in their careers.

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.

SOCIAL RESPONSIBILITY OF THE COURT AS A PREREQUISITE FOR THE LEGAL RESPONSIBILITY OF A JUDGE

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Social Responsibility ◽  
Legal Responsibility ◽  
Court Cases ◽  
Council Of Europe ◽  
The Public ◽  
The Social ◽  
Modern System ◽  
The Status ◽  
The Law ◽  
Conceptual Foundations

The article reveals the conceptual foundations of the social responsibility of the court as an important prerequisite for the legal responsibility of a judge. It has been established that the problem of court and judge liability is regulated by the following international and Ukrainian documents, such as: 1) European Charter on the Law «On the Status of Judges» adopted by the Council of Europe; 2) The Law of Ukraine «On the Judicial System and the Status of Judges»; 3) the Constitution of Ukraine; 4) The Code of Judicial Ethics, approved by the Decision of the XI (regular) Congress of Judges of Ukraine; 5) Recommendation CM/Rec (2010) 12 of the Cabinet of Ministers of the Council of Europe to member states regarding judges: independence, efficiency and responsibilities; 6) Bangalore Principles of Judicial Conduct. The results of a survey conducted by the Democratic Initiatives Foundation and the Razumkov Center, the Council of Judges of Ukraine and the Center for Judicial Studios with the support of the Swiss Agency for Development and Cooperation based on the «Monitoring of the State of Independence of Judges in Ukraine – 2012» as part of the study of the level of trust in the modern system were considered and analyzed, justice, judges and courts. It is determined that a judge has both a legal and a moral duty to impartially, independently, in a timely manner and comprehensively consider court cases and make fair judicial decisions, administering justice on the basis of legislative norms. Based on the study of the practice of litigation, it has been proven that judges must skillfully operate with various instruments of protection from public influence. It has been established that in order to ensure the protection of judges from the public, it is necessary to create special units that will function as part of judicial self-government bodies. It was proposed that the Council of Judges of Ukraine, which acts as the highest body of judicial self- government in our state (in Ukraine), legislate the provision on ensuring the protection of the procedural independence of judges.

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