L'etica nella professione forense

2009 ◽  
pp. 163-172
Author(s):  
Angelo Abignente
Keyword(s):  
Public Interests ◽  
Legal Proceedings ◽  
Legal Professionals ◽  
Positive Law ◽  
Conflicting Interests ◽  
Discursive Participation ◽  
The Moment ◽  
The One ◽  
And Function ◽  
Role And Function

- The positive law tradition has hitherto had nothing to say about the legal profession's role and function, focusing more interest on questions of justice, of the legitimisation of power and of the genesis and organisation of normative material. This trend is now subject to a reversal promoted by new, neo-constitutionalist, narrativist, analytical and hermeneutic experiences, which no longer focuses attention on the moment when law is produced, but on the one when it is applied, reappraising and revitalising the function of the judge, of the attorneys and of other legal professionals. The attorney becomes an active protagonist, an intermediary not only between conflicting interests in a controversy, but also between opposing public interests, while the reappraisal of his role stimulates thinking about the ethical dimension of how the legal profession is practised. Referring to the theories of Habermas and of Alexy, the author treats the reasonable status of argumentation as the supreme ethical instance necessary for a decision that interferes in the sphere of another person's action. At the same time, however, the control of the reasonable status of the respective arguments on both sides is the ethical instance required of the attorneys taking part in the legal proceedings. It takes the form of compliance with the rules characteristic of the practical discourse, primarily the rule of free discursive participation that enables the onus of the argumentation to be explained. Ernesto de

scholarly journals Identifikasi Problematika Pelacuran dalam Perspektif Hukum

Humaniora ◽  
2015 ◽  
Vol 6 (4) ◽  
pp. 566
Author(s):  
Indarto Indarto
Keyword(s):  
Drug Abuse ◽  
Social Problem ◽  
Empirical Studies ◽  
Point Of View ◽  
Empirical Reality ◽  
Positive Law ◽  
The Family ◽  
And Function ◽  
Economic Motives ◽  
Role And Function

Prostitution is a classic social problem existed continuously as though it is difficult to eradicate. It makes the topic on prostitution becomes interesting to discuss. This paper identified the problem of prostitution from the viewpoint of positive law and empirical reality in society. By combining normative and empirical studies, the article aims to provide an overview of the problem of prostitution more clearly. From the library resarch, it is found various types of prostitution occur. In addition, the motivation to commit prostitution was not solely caused by economic motives, but there were other motives such as drug abuse, for instance. To keep prostitution is not rampant, it is not solely relying on legal instruments, but the role and function of the family is important. Therefore, the problem of prostitution is not simply seen from one point of view, there are other factors as its cause. 

scholarly journals Optimalisasi Peran Dewan Pengawas Syariah Pada Lembaga Keuangan Mikro Syariah (Studi Kasus di Assosiasi Koperasi Warga NU Jepara)

2018 ◽  
Vol 2 (2) ◽  
pp. 211
Author(s):  
Ulin Nuha
Keyword(s):  
Control Systems ◽  
Financial Institutions ◽  
Supervisory Board ◽  
Public Interests ◽  
Financial Conditions ◽  
Operational Activities ◽  
And Function ◽  
And Control ◽  
Internal Supervision ◽  
Role And Function

<p><em>This study aims to find out the supervision carried out by the Sharia Supervisory Board, and try to analyze the role and function of the Sharia Supervisory Board in supervising shari'ah financial institutions, especially for ASKOWANU Jepara. This research is descriptive qualitative research, where data collection is carried out from various sources in the form of books, magazines, newspapers and documents related to the supervision of sharia financial institutions.</em><em></em></p><em>The results of this study illustrate that basically the supervision of sharia financial institutions has two systems, namely supervision of aspects: (i) financial conditions, compliance with the provisions of financial institutions in general and prudential principles, and (ii) compliance with sharia principles in the operational activities of institutions Islamic finance. In this regard, the structure of supervision of sharia financial institutions is more multilayer in nature, which would ideally consist of a system of internal supervision carried out by Sharia Supervisory Board, which is more in-depth and carried out so that there are mechanisms and control systems for the interests of management and external supervision systems. by DSN which basically to meet the interests of customers and public interests in general.</em>

Trump and Political Theology: Unmaking Truth and Democracy

2020 ◽  
pp. 1-300
Author(s):  
Jack David Eller
Keyword(s):  
Political Institutions ◽  
Political Theology ◽  
Church And State ◽  
Carl Schmitt ◽  
Donald Trump ◽  
Political Subject ◽  
Positive Law ◽  
The Moment ◽  
The One ◽  
The Relationship

For millennia, a fundamental question of culture and law has been the relationship between religion and ruler, or more recently between church and state. Although the term “political theology” was not always known, the question remained and was answered in various ways: theocracy, the divine right of kings, the mandate of heaven, the rule of jurists, and so forth. Almost a century ago, Carl Schmitt revived political theology and reshaped it into a less theological and more political subject with his famous notions of sovereignty and the exception. Schmitt highlighted the eternal struggle between power or authority on the one hand and positive law and political institutions on the other, arguing that law can never entirely legitimize or constrain power or authority and that the real site and source of law is the moment of exception and of “the decision.” Trump and Political Theology applies this Schmittian lens to Donald Trump, an exceptional president who seems to use his executive and decision-making power to flaunt law and truth, to cripple and discredit institutions, and to bend reality to his will. The book considers first whether Trump is an aspiring Schmittian sovereign and therefore a threat to democracy. But it goes beyond Trump and Trumpism to critique and rethink political theology in the light of contemporary, especially populist and authoritarian, politics. Finally, it compels us to critique and rethink theology itself as a tool for understanding and organizing politics and society, restoring the relevance of myth and ritual and of pre-Christian and non-Christian characters like the shaman and the trickster for modern politics and social theory.

scholarly journals Pengawasan terhadap Bank Tanah: Urgensi, Kewenangan, dan Mekanisme

2021 ◽  
Vol 4 (1) ◽  
pp. 191-211
Author(s):  
Rosdalina Bukido ◽  
Hasyim Sofyan Lahilote ◽  
Irwansyah Irwansyah
Keyword(s):  
Job Creation ◽  
Supervisory Board ◽  
Land Acquisition ◽  
Infrastructure Development ◽  
Financial Service Authority ◽  
The One ◽  
And Function ◽  
Relationship Of ◽  
Land Bank ◽  
Role And Function

The Omnibus Law for Job Creation establishes a special agency called the land bank agency that manages state land, including planning, acquisition, procurement, management, utilization, and distribution of land. This article revisits on how urgent this land bank is and how its supervisory powers and mechanisms are implemented. This article demonstrates that the formation of the land bank is actually related to problems in land acquisition, especially those intended for infrastructure development, which has triggered land liberalization and caused the increase of land price. Therefore, the land bank is urgent to ensure the availability of land for various development purposes in the future, budget efficiency, as well as to avoid conflicts in the land acquisition process and reduce the side effects of land liberalization. In order to encourage the land bank play its role and function as intended in its formation, good and efficient supervision is also needed. So far, it has been stated in the Omnibus Law for Job Creation that internal supervision is carried out by the supervisory board. Taking into account the relationship of the land bank and the supervisory board with other agencies or institutions that carry out the functions of land and bank as well as their supervision, like the one by the National Land Agency and the Financial Service Authority, it is necessary to have clarity on each role and function to avoid overlap. Abstrak UU Cipta Kerja membentuk badan khusus yang mengelola tanah, yaitu badan bank tanah, yang berfungsi melaksanakan perencanaan, perolehan, pengadaan, pengelolaan, pemanfaatan, dan pendistribusian tanah. Dalam artikel ini dibahas apa sebetulnya urgensi bank tanah ini dan bagaimana pula kewenangan dan mekanisme pengawasannya. Artikel ini memperlihatkan pembentukan bank tanah sebetulnya terkait dengan permasalahan dalam pengadaan tanah terutama yang diperuntukkan bagi pembangunan infrastruktur, sehingga memicu terjadinya liberalisasi tanah dan mengakibatkan harga tanah melambung tinggi. Karena itu, bank tanah urgen dalam rangka menjamin ketersediaan tanah untuk berbagai keperluan pembangunan di masa yang akan datang, efisiensi anggaran, serta mengurangi konflik dalam proses pembebasan tanah dan dampak buruk liberalisasi tanah. Dalam rangka mendorong agar bank tanah berperan dan berfungsi sebagaimana dikehendaki dalam pembentukannya, maka diperlukan pengawasan yang baik dan efisien pula. Sejauh ini dalam UU Cipta disebutkan pengawasan dilakukan secara internal oleh dewan pengawas. Dengan mempertimbangkan adanya keterkaitan bank tanah dan dewan pengawas ini dengan badan atau lembaga lainnya yang menjalankan fungsi pertanahan dan bank serta pengawasannya juga, misal Badan Pertanahan Nasional dan Otoritas Jasa Keuangan, maka adanya kejelasan terhadap masing-masing peran dan fungsi sangatlah diperlukan, agar tidak malah terjadi tumpang tindih.

scholarly journals The Narrativization of an Unusual Event at the Belgrade Zoo: A Semiotic Analysis of The Story of Gabi the Dog and the Jaguar

2016 ◽  
Vol 8 (4) ◽  
pp. 1047
Author(s):  
Sonja Žakula
Keyword(s):  
The Other ◽  
Semiotic Analysis ◽  
Unusual Event ◽  
Nature And Culture ◽  
Human Animal ◽  
The One ◽  
And Function ◽  
Role And Function ◽  
The Way

The paper offers a semiotic analysis of the narrative of Gabi the dog and the jaguar in the form in which the story appears on the website of the Belgrade zoo. I believe that it is valid to assume that an analysis of this narrative can provide a window into the ways in which meanings of concepts such as ‘wildness’, ‘domesticity’, ‘freedom’, ‘captivity’ and ultimately, ‘nature’ and ‘culture’ are articulated within the context of this institution. On the one hand, I will base the paper on ideas articulated in the field of human-animal relations, and on the other on the methodological postulates of semiotic analysis introduced by Algirdas Julien Greimas and further developed by Dragana Antonijević. The aim of the paper is to, by applying semiotic analysis to the way in which an unusual event at the zoo was narrativized, uncover the deeper structure of thought which underlies the story and reflects and shapes not just the discourse of the Belgrade zoo, but the implicit understanding of the role and function of zoos in Serbia up until the present day.

scholarly journals The Trial Judge: Pilot, Participant, or Umpire?

1969 ◽  
pp. 40 ◽  
Author(s):  
Hugh W. Silverman, Q.C.
Keyword(s):  
Case Law ◽  
Comprehensive Analysis ◽  
Criminal Cases ◽  
Trial Judge ◽  
Open Court ◽  
Civil Cases ◽  
The One ◽  
And Function ◽  
Role And Function

The recent decision in Phillips v. Ford Motor Co. of Canada Ltd. et al.t has reopened question which some might have considered to be somewhat settled: the role and function of the trial judge. Professor Silverman has taken the Phillips decision as cue for making comprehensive analysis of the English and Cana dian case law concerning the trial judge's function, in civil as well as criminal cases. Such issues as the rule requiring the presentation of evidence in open court, the limitations on the trial judge's right to call witnesses, his interference in the examination of witnesses and his intervention in the trial as whole are examined. Professor Silverman notes that although there may be dicta in some criminal and civil cases which apply to both, the better approach for the trial judge is to restrict himself "as much as possible" to the principles set out in cases of the same nature (criminal or civil) as the one before him. However, the author does lay down several general propositions delineating the boundaries of the trial and the role of the trial judge, which are applicable to both criminal and civil cases. Professor Silverman concludes, that although a trial judge may be pilot he "is certainly more than an umpire, watching the sporting-theory of litigation in action; and he is less than participant in that he should not enter into the fray of combat nor take on the mantle of counsel".

scholarly journals KEDUDUKAN DEWAN PERWAKILAN RAKYAT DALAM PENETAPAN DAN PENGAWASAN APBN DI INDONESIA

2017 ◽  
Author(s):  
Julpikar
Keyword(s):  
House Of Representatives ◽  
Crucial Role ◽  
Development Program ◽  
State Budget ◽  
The One ◽  
And Function ◽  
Role And Function ◽  
Budgeting Process

The one of House of Representatives’ role (DPR) is overseeing. DPR is as the one of determinant of Indonesia government. DPR has crucial role and function for Indonesia citizen lives in all aspects. In constitution aspect, DPR has role to determine budget together with government. Budgeting function needs to be supervised if it’s not, the Indonesia development program will not be on target. DPR should give the guidance in budgeting process, because it is related of State Budget.

scholarly journals Discursul juridic. 0 introducere. (I)

2021 ◽  
Vol 65 (3) ◽  
pp. 91-112
Author(s):  
Paul Vasilescu
Keyword(s):  
Legal Norms ◽  
The Law ◽  
The One ◽  
And Function ◽  
Role And Function

Researching the law, as a formal source of legal norms, seams incomplete without portraying the role and function of the discourse about the law itself. Two kinds of texts: the one of the law and another, about-the-law, compose a peculiar discourse (textual or not). We analyse this discourse to know if the law exists by itself, or if it exists only as some kind of law, adjectivated and described.

scholarly journals FUNGSI DAN PERANAN PEMIMPIN INFORMAL MASYARAKAT KAMPUNG URUG DI KABUPATEN BOGOR JAWA BARAT

2011 ◽  
Vol 3 (1) ◽  
pp. 136
Author(s):  
Tjetjep Rosmana
Keyword(s):  
Daily Life ◽  
The One ◽  
And Function ◽  
Role And Function ◽  
Descriptive Method

AbstrakPemimpin informal dalam suatu kampung adat sangat berperan penting dalam kehidupan sehari-hari, oleh sebab itu eksistensinya tidak dapat dihilangkan. Ia tumbuh dan berkembang serta muncul dari masyarakat, oleh masyarakat, dan untuk masyarakatnya. Oleh karena itu penulis sangat tertarik untuk mengadakan penelitian tentang Kajian mengenai Fungsi dan Peranan Pemimpin Informal pada Masyarakat Kampung Urug, di Kabupaten Bogor. Dengan tujuan untuk mengetahui bagaimana, mengapa dan dalam hal apa saja pemimpin adat di kampung adat tersebut berperan. Dalam penelitian ini digunakan metode deskriptif. Metode ini digunakan untuk memperoleh data seluas-luasnya di lapangan dalam rangka mempelajari kondisi masyarakat yang sedang diteliti. Kegiatan yang dilakukan adalah mencari dan mengumpulkan data mengenai peranan pemimpin adat dalam kehidupan masyarakat. Data dianalisis secara kualitatif dan diharapkan dapat menggambarkan mengenai peranan pemimpin adat. AbstractInformal leaders play an important role in daily life of a kampung adat. Therefore, his existence can not be eliminated. This kind of leaders grow and develop within, by, and for his community. The author is interested in studying the role and function of an informal leader in Kampung Urug in Kabupaten Bogor, in order to know to what extent is his function and role in the community. The author has conducted a descriptive method, the one that is used to get data as vast as possible during fieldwork to study the community in question and collecting information concerning the role of the adat leader in the life of the society. Data were analysed qualitatively and hopefully they can describe the role of the adat leader.

scholarly journals The Role of the Camera in Wojciech Smarzowski’s Films

2019 ◽  
Vol ENGLISH EDITION (1) ◽  
pp. 285-298
Author(s):  
Katarzyna Taras
Keyword(s):  
Free Will ◽  
Digital Camera ◽  
The World ◽  
The One ◽  
And Function ◽  
Role And Function ◽  
The Universe

In this paper, I reflect on the role and function of the camera ’acting’ (that is, the camera placed in the hands of the protagonists of films by Wojciech Smarzowski) that appears on the screen as often as an axe, which as an item is strongly associated with this director’s cinematography. I also refute the ‘digital’ legends of his debut – The Wedding, which has not been recorded using a digital camera, but an analogue one. A camera ‘cast’ in Smarzowski’s film should not be considered an extra, but a full-fledged protagonist, a witness seeing (and therefore recording) more than can be seen by the characters holding it in their hands. This perfectly corresponds with the last shot – perhaps the most characteristic one for the author of the films discussed – the shot in which the One who reigns over the world, but does not interfere with it (since we have free will) gazes at the universe created by Wojciech Smarzowski.

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