Kluczowe problemy prawne projektu dyrektywy w sprawie udzielania koncesji

2014 ◽  
pp. 8-12
Author(s):  
Michał Wieloński
Keyword(s):  
Private Property ◽  
Legal Issues ◽  
Austrian School ◽  
Property Ownership ◽  
Austrian School Of Economics ◽  
General Finding ◽  
Natural Tendency ◽  
The Creation ◽  
The Law

Article deals with the most important legal issues in the directive on the award of concession contracts using the legal dogmatic method and tools taken from the Austrian school of economics. Author attempts to determine the effectiveness of the proposed legal solutions. The general finding is that the proposed solutions are inefficient, because the law cannot replace the natural tendency of the owner to optimally manage her assets. Solutions should not be sought in the creation of further legislation, but in the promotion of private property ownership and fundamental reduction of areas of activity of the authorities.

scholarly journals Legal Splinters with Regard to the National Programme for Land Registration and the Land Registry

2020 ◽  
Vol 9 (1) ◽  
pp. 179-180
Author(s):  
Szilárd Sztranyiczki ◽  
Andreea Colțea
Keyword(s):  
Legal Issues ◽  
Legal Issue ◽  
National Program ◽  
National Programme ◽  
Land Registration ◽  
The Creation ◽  
The Law ◽  
Notary Public ◽  
Land Register

The National Program for Land Registration and the Land Registry, which aims to achieve the systematic registration of land in the integrated land cadastre and land register throughout the country by 2023 is in progress. It is a massive undertaking which requires the creation of a new land register and the registration of approximately 40 million immovable assets into it. The present study shows the legal hurdles that have been faced in carrying out the program. These issues are the following: ongoing property and border disputes between the various owners, succession procedures which have yet to be finalized, litigation that has arisen as a result of differences between land measurements and the data in the records held at the land registry. Due to the afore-mentioned legal issues, it is not possible to finalize the systematic registration in the integrated cadastre and land register throughout the country in time (by 2023). Also, there is the legal issue posed by the possibility for the person possessing the immovable asset without valid title to be inducted into the land register as owner, based on a certificate issued by a notary public, which in our opinion, is contrary to the law.

The Legal Rendering of Immiseration

2018 ◽  
Author(s):  
John Linarelli ◽  
Margot E Salomon ◽  
Muthucumaraswamy Sornarajah
Keyword(s):  
International Law ◽  
Private Property ◽  
Economic Globalization ◽  
Political Values ◽  
The Social ◽  
The Creation ◽  
The Law ◽  
Pluralist Approach ◽  
Shed Light ◽  
Critical Project

This chapter introduces the reader to the ideas and arguments that animate this wide-ranging book. Whereas many works focus on violations of international law, this book is concerned with the law itself. It seeks to demonstrate how the truth about the role and effects of the law in the creation and perpetuation of misery fail adequately to inform it. From its early inception to the present day, international law has always been predicated on private property and commodification and so the social and political values that are constitutive of economies as much as property and contract have, in important ways, been forsaken. In laying the ground, this chapter distinguishes fact from fiction in the nature and scale of harms and alienations, to introduce the pluralist approach taken in this critique of international law. In that diverse traditions from liberal to radical shed light on the problems and their possible redress, it is explained in this chapter how the book engages these various traditions. In calling for a ‘predistributive’ international law, the chapter foregrounds the need to move from mere redistribution to making international law just in the first place, in a structural sense. In its coverage of what this book is and is not about, this first chapter seeks to unshackle the reader from deep-rooted assumptions that frame the debates around economic globalization and to begin the critical project of exploring how international law is both constituted by capitalism and constitutive of it and with what implications for justice reasonably understood.

An Austrian School View on Eucken’s Ordoliberalism. Analyzing the Roots and Concept of German Ordoliberalism from the Perspective of Austrian School Economics

2020 ◽  
pp. 13-53
Author(s):  
Patrick Reimers
Keyword(s):  
Human Rights ◽  
Private Property ◽  
Theoretical Concept ◽  
Theoretical Background ◽  
Austrian School ◽  
Social Market Economy ◽  
Individual Liberty ◽  
Austrian School Of Economics ◽  
Derechos Humanos ◽  
Franz Böhm

This paper explains the origins and the theoretical concept of Ordo- liberalism, focusing in particular on one of its founders, Walter Eucken. We will focus on the political and economic concepts of Ordoliberalism in regards to interventionism, competition, monopolies, democracy and property rights. For a better understanding, we will compare its main positions and rationale with both, the concept of a social market economy, as well as with the theoretical background of the Austrian School of economics. We pretend to define how much State is necessary to assure a long-term maximization of human rights and individual liberty, while also evaluating at what stage a State becomes too big, potentially turning into a totalitarian autocracy. Keywords: democracy, Private Property Order, Hoppe, Hayek, Wilhelm Röpke, Walter Eucken, Franz Böhm, Müller-Armack, Ludwig Erhard, Ordoliberalism, Ordo, Mont Pèlerin Society, human rights, liberalism, libertarianism, Austrian school of economics, anarcho-capitalism JEL Classification: A12, B10, B13, B25, H10, H40, K11, P10, P14, P16, P26, P48, P51 Resumen: Este artículo explica los orígenes y el concepto teórico del Ordolibe- ralismo, centrándose en particular en uno de sus fundadores, Walter Eucken. Nos centraremos en los conceptos políticos y económicos del Ordoliberalismo con respecto al intervencionismo, la competencia, los monopolios, la democra- cia y los derechos de propiedad. Para una mejor comprensión, compararemos sus principales posiciones y razones con el concepto de economía social de mercado, así como con los antecedentes teóricos de la Escuela Austriaca de economía. Pretendemos definir cuánto Estado es necesario para asegurar a largo plazo una maximización de los derechos humanos y de la libertad indi- vidual. Palabras clave: democracia,  propiedad  privada,  Hoppe,  Hayek,  Wilhelm Röpke, Walter Eucken, Franz Böhm, Müller-Armack, Ludwig Erhard, ordoliber- alismo, Ordo, Mont Pèlerin Society, derechos humanos, liberalismo, liber- tarismo, Escuela Austriaca de economía, anarco-capitalismo Clasificación JEL: A12, B10, B13, B25,  H10,  H40,  K11,  P10,  P14,  P16,  P26, P48, P51

The American Board of Vascular Surgery and the Law: Fact and Fiction

Vascular ◽  
2004 ◽  
Vol 12 (2) ◽  
pp. 89-91
Author(s):  
O. William Brown
Keyword(s):  
Vascular Surgery ◽  
Medical Malpractice ◽  
Legal Issues ◽  
Legal Analysis ◽  
The Creation ◽  
The Law

The need for the establishment of an independent American Board of Vascular Surgery (ABVS) remains controversial. The controversy involves both medical and legal issues. These issues include medical malpractice, the attempt to create a “monopoly” by vascular surgeons, and the hospital credentialing of surgeons to perform vascular procedures. In this article, the legal impact of an independent ABVS on the filing of medical malpractice suits against vascular surgeons is explored. In addition, the legal criteria necessary to establish a monopoly, as well as criteria for hospital credentialing, are also reviewed. The results of this legal analysis are, first, that the establishment of an independent ABVS may well lead to a decrease in the number of frivolous lawsuits filed against vascular surgeons. Second, the establishment of an ABVS does not constitute the creation of a monopoly. Finally, hospital credentialing should not, and will not, be directly affected by the establishment of an independent ABVS.

Criminal Justice under Shari'ah in the 21st Century—An Inter-Cultural View

2009 ◽  
Vol 23 (4) ◽  
pp. 417-436 ◽  
Author(s):  
Mohammad Hedayati-Kakhki ◽  
Michael Bohlander
Keyword(s):  
Decision Making ◽  
Criminal Justice ◽  
21St Century ◽  
Criminal Law ◽  
Modern Society ◽  
Legal Issues ◽  
Decision Making Process ◽  
Legal Systems ◽  
The Creation ◽  
The Law

AbstractThis paper tries to analyse some of the basic issues arising in the conversation between legal systems based on Shari'ah and those based on secular traditions, as well as the efforts of the law-makers in the former to adapt to changed expectations in modern society. The argument focuses on the area of criminal law and highlights concepts such as hudud crimes, apostasy and al-diyah. The authors advocate an increased dialogue and ultimately the creation of a Centre of Global Ijmā' as a forum in which Islamic and other legal scholars could meet to discuss their respective approaches to legal issues of global interest in order to avoid unnecessary ideological clashes and to provide a base for global policymakers to draw upon in their decision-making process.

8. Acquisition of Interests in the Home

2019 ◽  
pp. 240-287
Author(s):  
Martin George ◽  
Antonia Layard
Keyword(s):  
Case Law ◽  
Intimate Relationship ◽  
Legal Issues ◽  
The Family ◽  
Cohabiting Couples ◽  
Joint Ownership ◽  
Family Home ◽  
The Creation ◽  
The Law ◽  
Ownership Of Land

Co-ownership of land can involve a number of quite different relationships. One type of relationship, which has caused the most anxiety, is that between cohabiting couples in an intimate relationship. Much of the case law dealing with the acquisition of interests in land has arisen in the context of disputes over ownership of the family home. In the case of the matrimonial home, such disputes became possible only in 1882. This chapter, which explores legal issues concerning co-ownership of matrimonial property in England, focusing on acquisition of interests in the matrimonial home, first discusses the creation of co-ownership before turning to express declarations of ownership. It also considers resulting, implied, and constructive trusts as well as joint ownership of the legal title, sole ownership of the legal title, contributions and resulting trusts, purchase money resulting from trusts, and reform of the law on co-ownership.

The Impact of Emerging Technologies on the Law of Armed Conflict

2019 ◽  
Keyword(s):  
Armed Conflict ◽  
New Technologies ◽  
Emerging Technologies ◽  
Legal Issues ◽  
Technological Advancement ◽  
Law Of Armed Conflict ◽  
Legal Challenges ◽  
Challenges And Opportunities ◽  
The Law ◽  
The Impact

Emerging technologies have always played an important role in armed conflict. From the crossbow to cyber capabilities, technology that could be weaponized to create an advantage over an adversary has inevitably found its way into military arsenals for use in armed conflict. The weaponization of emerging technologies, however, raises challenging legal issues with respect to the law of armed conflict. As States continue to develop and exploit new technologies, how will the law of armed conflict address the use of these technologies on the battlefield? Is existing law sufficient to regulate new technologies, such as cyber capabilities, autonomous weapons systems, and artificial intelligence? Have emerging technologies fundamentally altered the way we should understand concepts such as law-of-war precautions and the principle of distinction? How can we ensure compliance and accountability in light of technological advancement? This book explores these critical questions while highlighting the legal challenges—and opportunities—presented by the use of emerging technologies on the battlefield.

The entrepreneur of the self beyond Foucault’s neoliberal homo oeconomicus

2019 ◽  
Vol 23 (4) ◽  
pp. 493-511
Author(s):  
Tim Christiaens
Keyword(s):  
Human Capital ◽  
Michel Foucault ◽  
Cost Benefit ◽  
Analytical Framework ◽  
Creative Industries ◽  
The Self ◽  
Austrian School ◽  
Homo Oeconomicus ◽  
Austrian School Of Economics ◽  
Joseph Schumpeter

In his lectures on neoliberalism, Michel Foucault argues that neoliberalism produces subjects as ‘entrepreneurs of themselves’. He bases this claim on Gary Becker’s conception of the utility-maximizing agent who solely acts upon cost/benefit-calculations. Not all neoliberalized subjects, however, are encouraged to maximize their utility through mere calculation. This article argues that Foucault’s description of neoliberal subjectivity obscures a non-calculative, more audacious side to neoliberal subjectivity. Precarious workers in the creative industries, for example, are encouraged not merely to rationally manage their human capital, but also to take a leap of faith to acquire unpredictable successes. It is this latter risk-loving, extra-calculative side to neoliberal subjectivity that economists usually designate as ‘entrepreneurial’. By confronting Foucault with the theories of entrepreneurship of the Austrian School of Economics, Frank Knight, and Joseph Schumpeter, the Foucauldian analytical framework is enriched. Neoliberal subjectivation is not the monolithic promotion of utility-maximizing agents, but the generation of a multiplicity of modes for entrepreneurs to relate to oneself and the market.

scholarly journals Regulating the Tyrell Corporation: the Emergence of Novel Beings

2021 ◽  
Vol 30 (3) ◽  
pp. 421-434
Author(s):  
David R Lawrence ◽  
Sarah Morley
Keyword(s):  
Computer Science ◽  
Moral Status ◽  
Homo Sapiens ◽  
Legal Issues ◽  
Moral Issues ◽  
Epochal Change ◽  
The Law

AbstractEmerging biotechnologies and advances in computer science promise the arrival of novel beings possessed of some degree of moral status, even potentially sentient or sapient life. Such a manifestation will constitute an epochal change, and perhaps threaten Homo sapiens’ status as the only being generally considered worthy of personhood and its contingent protections; as well as being the root of any number of social and legal issues. The law as it stands is not likely to be capable of managing or adapting to this challenge. This paper highlights the likely societal ramifications of novel beings and the gaps in the legislation which is likely to be relied upon to respond to these. In so doing, the authors make a case for the development of new regulatory structures to manage the moral issues surrounding this new technological upheaval.

(Dis)solving the Chronological Paradox in Customary International Law: A Hartian Approach

2008 ◽  
Vol 21 (1) ◽  
pp. 129-148 ◽  
Author(s):  
David Lefkowitz
Keyword(s):  
International Law ◽  
Legal System ◽  
Resolution Function ◽  
Customary International Law ◽  
International Legal System ◽  
The Creation ◽  
The Law ◽  
Normative Standard

As traditionally conceived, the creation of a new rule of customary international law requires that states believe the law to already require the conduct specified in the rule. Distinguishing the process whereby a customary rule comes to exist from the process whereby that customary rule becomes law dissolves this chronological paradox. Creation of a customary rule requires only that states come to believe that there exists a normative standard to which they ought to adhere, not that this standard is law. What makes the customary rule law is adherence by officials in the international legal system to a rule of recognition that treats custom as a source of valid law. Confusion over this distinction arises because in the international legal system the same agents whose beliefs give rise to a customary rule are the legal officials whose adherence to the rule of recognition leads them to deem that rule legally valid. The proposed solution to the chronological paradox employs H.L.A. Hart’s analysis of the concepts of law and a legal system, and in particular, the idea of a rule of recognition. Yet Hart famously denies the existence of a rule of recognition for international law. Hart’s denial rests on a failure to distinguish between the ontological and authoritative resolution functions of a rule of recognition, however. Once such a distinction is drawn, it can be argued that customary international law rests on a rule of recognition that serves the ontological function of making customary norms legal, though not the authoritative resolution function of settling disputes over the alleged legality of particular norms.

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