scholarly journals A new concept in the Turkish legal system: Mobbing

2020 ◽  
Vol 1 (18) ◽  
pp. 25-33
Author(s):  
Nuray Celik ◽  
Melike Yaman
Keyword(s):  
Legal System ◽  
Legal Problem ◽  
Employment Relationships ◽  
Definition Of

Mobbing is a phenomenon which has existed since employment relationships were established in business life. But this issue has been taken into consideration as a legal problem only relatively recently. Thus, within the scope of our work, the definition of mobbing shall be clarified. Moreover, Turkish legislation and judicial opinion regarding mobbing will be analysed.

Application of international norms on human rights as a complex general legal problem

2021 ◽  
pp. 154
Author(s):  
Lev A. Lazutin
Keyword(s):  
Human Rights ◽  
Legal System ◽  
International Norms ◽  
Legal Problem ◽  
National Legislation ◽  
Legal Norms

The article is devoted to the interaction of domestic and international legal norms on human rights and the application of the latter in national legislation. The author comes to the conclusion that there are a number of problems in the implementation of international legal norms on human rights in the Russian legal system.

scholarly journals THE IMPLICATION OF DEFINING REFUGEE IN INDONESIAN IMMIGRATION LEGAL SYSTEM

2018 ◽  
Vol 1 (1) ◽  
pp. 63-72
Author(s):  
Anindito Rizki Wiraputra
Keyword(s):  
Foreign Policy ◽  
Legal System ◽  
Asylum Seekers ◽  
Immigration Law ◽  
Policy Perspective ◽  
Law System ◽  
Presidential Decree ◽  
The Subject ◽  
Handling Methods ◽  
Definition Of

Indonesia as a country which did not ratify UN Convention 1951 on Status of Refugees and Protocol 1967,  issued a Presidential Decree No.125/2016 on Handling Overseas Refugee in addressing the issues of  foreign nation subject who intend to seek refuge by passing through Indonesian territory, generally aiming  to seek refuge in Australia. These foreign nation subject introduced as “refugee” by media although the  subject is unrecognized by Indonesian immigration law system. Indonesian immigration law only recognize  subject as a person who enter or leave Indonesian territory by legal or illegal means. The definition of  Refugee on Presidential Decree No.125/2016 is the first definition of the subject in Indonesian legal system,  refers to both Refugee and Asylum Seekers in UN Convention 1951, which supposed to have different  handling methods. Therefore, the implementation of Presidential Decree No.125/2016 leads to different  understanding in immigration and foreign policy perspective on Refugee subject.   

scholarly journals Participation and the role of Public Space

2008 ◽  
Vol 2 ◽  
Author(s):  
Anna Gabriel Copeland
Keyword(s):  
Human Rights ◽  
Young People ◽  
Public Space ◽  
Legal System ◽  
Children And Young People ◽  
Civic Society ◽  
Broad Definition ◽  
The Many ◽  
Definition Of

This article examines participatory rights as human rights and considers their importance to the lives of children and young people. It argues that a broad definition of participation needs to be used which takes us from 'round tables' to understanding that young people participate in many different ways. It points out that failure to recognise and respect the many varied ways that children and young people choose to participate results in a breach of their human rights. It shows how our socio-legal system operates to permit and support these breaches of the rights of children and young people, resulting in their alienation from civic society.

scholarly journals Quantifying Legal Entropy

2021 ◽  
Vol 9 ◽  
Author(s):  
Ted Sichelman
Keyword(s):  
Information Theory ◽  
Information Content ◽  
Legal System ◽  
Legal Systems ◽  
Information Costs ◽  
Precise Quantification ◽  
The Law ◽  
Legal Contexts ◽  
Definition Of ◽  
Quantitative Definition

Many scholars have employed the term “entropy” in the context of law and legal systems to roughly refer to the amount of “uncertainty” present in a given law, doctrine, or legal system. Just a few of these scholars have attempted to formulate a quantitative definition of legal entropy, and none have provided a precise formula usable across a variety of legal contexts. Here, relying upon Claude Shannon's definition of entropy in the context of information theory, I provide a quantitative formalization of entropy in delineating, interpreting, and applying the law. In addition to offering a precise quantification of uncertainty and the information content of the law, the approach offered here provides other benefits. For example, it offers a more comprehensive account of the uses and limits of “modularity” in the law—namely, using the terminology of Henry Smith, the use of legal “boundaries” (be they spatial or intangible) that “economize on information costs” by “hiding” classes of information “behind” those boundaries. In general, much of the “work” performed by the legal system is to reduce legal entropy by delineating, interpreting, and applying the law, a process that can in principle be quantified.

What is a convention?

2010 ◽  
Vol 18 (2) ◽  
pp. 442-455
Author(s):  
Dana Riesenfeld
Keyword(s):  
Legal System ◽  
Review Article ◽  
Philosophical Study ◽  
Human Beings ◽  
Social Conventions ◽  
Critical Response ◽  
Social Actions ◽  
Definition Of

Ever since David Lewis’s publication of Convention: A Philosophical Study (1969) his definition of a convention has been widely accepted and marginally challenged. Andrei Marmor’s book Social Conventions: From Language to Law (2009) is both a continuation and a critical response to Lewis’s work. “Convention”, alongside “rule” and “norm”, is one of the most important and fundamental philosophical concepts. We tend to think of our behavior as human beings, of our linguistic and social actions, as largely conditioned by conventions. Marmor examines the role and significance of conventions in language, in the moral sphere, and in the legal system. His definition of convention renders language less conventional than we had thought it is and morality more so. In this review article I present Marmor’s concept of convention and follow the book’s main arguments. I then point to what I think is amiss in his account of convention, namely, the idea that some norms are conventional, which yields a conflation of norms and conventions.

Examples of Alternative Legal Systems in India

2019 ◽  
pp. 47-73
Author(s):  
Mahendra Pal Singh ◽  
Niraj Kumar
Keyword(s):  
Legal System ◽  
The State ◽  
Customary Law ◽  
Formal Definition ◽  
Legal Systems ◽  
Uniform Law ◽  
Definition Of ◽  
Cultural Freedom ◽  
Personal Law

There are systems of law within the Indian jurisdiction that either do not rely on the state legal system at all or rely on it only partially. These include systems of religious personal law, tribal customary law, and other similar indigenous mechanisms of administering justice and settling disputes. The formal definition of law in India, along with constitutional provisions which guarantee religious and cultural freedom and allow for modes of self-governance, accommodates different legal systems with indigenous or traditional roots. Moreover, local and village bodies such as traditional or caste councils operate in independent India as well, further questioning the rhetoric of uniform law in India.

scholarly journals Transfer of Ownership in fiducia and Trust – Preliminary Considerations on the Possibilty of Application of the Hague Convention on the Law Applicable to Trusts and on their Recognition

2018 ◽  
Vol 55 (3) ◽  
pp. 579-605
Author(s):  
Tomislav Karlović
Keyword(s):  
Legal System ◽  
Hague Convention ◽  
Roman Law ◽  
Real Property ◽  
Legal Rules ◽  
Significant Difference ◽  
The Hague ◽  
The Law ◽  
Definition Of ◽  
The Hague Convention

Considering the main characteristics of fiducia in Roman law, as well as its functions and place within the real property law and the law of obligations, two features that are also prominent in the definition of anglosaxon trust stand out. These are the fiduciary nature of the relationship between the interested parties, as fides (trust) formed the initial basis of both institutes in the period before they were legally recognized, and the transfer of ownership made for specific purpose, different from the regular enjoyment of the object by the owner. However, there is a significant difference between the two (fiducia and trust) becuase of the duality between common law and equity in English legal system. While the mutual interests of the parties to fiducia in Roman law were protected only by personal actions (actiones in personam), parties’ proprietary interests in English trust were (and still are) recognized with the parallel existence of legal and equitable title. In contemporary Croatian law of real property the closest thing to the division of titles exists with regard to the conditionally transferred ownership as regulated in Art. 34 of Ownership and Other Proprietary Rights Act, entaling the division on prior and posterior ownership, both of which can be entered into Land registry and other registries. In the article it is analysed how this division and the following registration of both titles could allow for the effects to be given to trusts, in case it would be pondered on the benefits of accession of Croatia to the Hague Convention on the Law Applicable to Trusts and on their Recognition. Accordingly, after the exposition of Croatian law, it is given a short overview of English trust with emphasis on trusts of land and, subsequently, of the rules of the Hague Convention on the Law Applicable to Trusts and on their Recognition. In the conclusion it is argued that perceived incompatibility of trust with civilian legal system can be overcome in Croatia with the help of extant legal rules regarding conditionally transferred ownership. Also, this incompatibility has already been refuted in several European continental countries from which examples lessons should be studied and learned, what would be the next step in the deliberations on the accession to the Hague Convention on the Law Applicable to Trusts and on their Recognition.

Telecommuting and the Legal Aspects

2001 ◽  
pp. 1-27 ◽  
Author(s):  
Ian T. Smith
Keyword(s):  
Health And Safety ◽  
Legal Aspects ◽  
Point Of View ◽  
Employment Contracts ◽  
Employment Relationships ◽  
Legal Perspective ◽  
Health And Safety Implications ◽  
British Perspective ◽  
Definition Of ◽  
Specific Country

This chapter discusses teleworking/telecommuting from a legal perspective, as applied to the management of teleworkers. The main issues covered are the definition of teleworking, employment relationships and employment contracts for telecommuting, health and safety implications of teleworking, and other legal-related considerations to be taken. Lastly, implications are discussed for both the management of organizations and the legal establishment. This chapter examines teleworking from a legal point of view. Although it was written from a European (in particular, British) perspective, we have tried to use material with relevance extending beyond the boundaries of one specific country, and the arguments are intended and expected to apply to a much wider audience and circumstances.

Conclusions

2017 ◽  
Author(s):  
Sam Scott
Keyword(s):  
Labour Market ◽  
Criminal Law ◽  
Legal System ◽  
Structural Level ◽  
Social Harm ◽  
Employment Relationships ◽  
Market Abuse ◽  
Legal Perspective ◽  
Legal Frameworks ◽  
Work First

This chapter draws together the main conclusions from the preceding eight chapters of the book. In the process, it identifies four issues with the dominant legal perspective around problems at/with work. First, even when legal baselines exist to purportedly protect workers from exploitation and harm they are rarely invoked and are ill-equipped to enable victims to take on (often powerful) state and corporate interests. Second, legal frameworks, especially those based on criminal law, tend to direct attention towards extreme labour market abuse. The problem of work-based exploitation and harm is, therefore, defined in a narrow way. Third, the legal system is predisposed towards the identification of individual criminal actors and is unsuited to the apportioning of blame at an institutional or structural level. Finally, legal frameworks imply that the solution to exploitation and harm lies within a law enforcement approach that first discourages and then criminalises abusive employment relationships. A social harm perspective is liberating in this respect because, while acknowledging the value of criminalising malpractice, solutions beyond criminology are seen as equally, and often more, important.

All We Like Sheep

1999 ◽  
Vol 12 (1) ◽  
pp. 169-188 ◽  
Author(s):  
Jeremy Waldron
Keyword(s):  
Legal System ◽  
Extreme Case ◽  
Legal Positivism ◽  
Legal Validity ◽  
Slaughter House ◽  
Necessary Truth ◽  
Central Case ◽  
Adequate Definition ◽  
Definition Of ◽  
Moral Demand

In an extreme case, … only officials might accept and use the system’s criteria of legal validity. The society in which this was so might be deplorably sheeplike; and the sheep might end in the slaughter-house. But there is little reason for thinking that it could not exist or for denying it the title of a legal system.The essence of legal positivism, wrote H.L.A. Hart, is a very simple contention: “[I]t is in no sense a necessary truth that laws reproduce or satisfy certain demands of morality” (185-86).It is tempting to treat this claim—which some have called “the separability thesis”—as a definitional truth about law, i.e., as a constraint on any adequate definition of the term “law.” On this understanding, the positivist maintains that one should not define “law" in a way that excludes some norms from the extension of this term simply because they do not reproduce or satisfy a particular moral demand. Similarly, on this understanding, one should not exclude a system of norms, S, from the extension of the term “legal system” on account of S’s failure to satisfy the demands of justice. Indeed, positivism entails not only that one should not exclude S on this ground, but also that the injustice of S is not even a reason for regarding S as a problematic or marginal or less-than-central case of “law.” The positivist holds that it is a mistake to build moral conditions into the definition of “law” in any way whatsoever.

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