scholarly journals To the question of intellectual-legal will as the legal phenomenon in the theory of the law

2019 ◽  
pp. 45-50
Author(s):  
Елена Пономаренко ◽  
Elena Ponomarenko
Keyword(s):  
Long Time ◽  
Legal Thinking ◽  
The Law ◽  
The Right ◽  
Modern Russian

The legal intelligence as ability of person to right Knowledge and legal thinking develops not only thoughts of the right (thought Forms, Fancies), but also induces, reproduces right cognitive interest and intellectual — legal will a long time remained outside studying Knowledge of the modern Russian theory of the right. They have been formulated and developed. However during the last period the addressing characterizing of rationality, reasonableness of the right as objective, abstract phenomenon, which confirms the need to study intellectual — legal will as element of structure of right Knowledge and legal phenomenon in the theory of right.

scholarly journals Abortion: A Review on Indonesia Regulations

Rechtsidee ◽  
2019 ◽  
Vol 7 ◽  
Author(s):  
Hariansi Panimba Sampebulu
Keyword(s):  
Reproductive Health ◽  
Government Regulation ◽  
Safe Abortion ◽  
Long Time ◽  
The Law ◽  
Legal Construction ◽  
The Government ◽  
The Right

The position of women in legal construction in Indonesia today is still difficult to adjust to the circumstances that occur, especially in terms of equality issues. The abortion that has been a problem for so long time, being discussed because of the rules that are considered not in accordance with the existing rules, and the amount of pressure from various things. Law and Women are always placed in objects that are not neutral, especially in terms of discussing reproductive health. The government and legislation feel that they have a stake in integrating reproductive health owned by women. It is the position of women in the law that gives rise to many struggle movements and the diffusion of feminism in Indonesia. The rules of Article 31 paragraph 1 and 2 of Government Regulation Number 61 of 2014 which regulate safe abortion need to be more attention and safeguarded, so that a woman has the right to be based on herself. 

Legal management models

2019 ◽  
Author(s):  
Дмитрий Осинцев ◽  
Dmitriy Osintsev
Keyword(s):  
Social Life ◽  
Laws Of Nature ◽  
Social Activity ◽  
Law And Order ◽  
Management Procedure ◽  
Legal Thinking ◽  
The Law ◽  
State Of Affairs ◽  
The Right ◽  
The Mind

In this book there is not a single definition, as is typical for publications on traditional jurisprudence, here legal thinking is presented in its development, based not on abstract philosophizing and attempts to connect the legal life of society with the rigid framework of scientific laws. The preceding line of legal thinking is a ceaseless discussion of how to approach the understanding of law, otherwise the collision of methodologies, but not philosophizing, but discipline of the mind aimed at ensuring law and order is needed, therefore the way of working in the legal sphere is always dogmatic - exact and unquestioning execution of regulations supported by various security, guarantee, jurisdictional, deterrent and other means, while even changing the prescription itself is definitely subject to from dogma enshrined in procedural procedural rules. Mankind builds the law and official jurisprudence in order not to be distracted each time to clarify the content and meaning of these phenomena. The right acts as a guideline of life positions of interested parties to the relationship. The law does not change the state of affairs that naturally took shape, does not create new laws of nature, economics, social life, etc., but can give them an official style, and nothing more. The norms of law do not coexist along with other social norms, but give them socially significant official status, replace them, and also create innovations in the regulation of social activity. The right is a sign form of government invested with legal constructions, and the form is transformed. The right is accepted by society methods of invasion of the established socio-cultural situation and giving it a kind of conservative tradition after changing the natural course of affairs and replacing it with the normative management procedure.

Options: as Safe as Houses?

1984 ◽  
Vol 43 (1) ◽  
pp. 55-87
Author(s):  
Stephen Tromans
Keyword(s):  
Real Property ◽  
Long Time ◽  
The Law ◽  
Formed Part ◽  
The Right

Options over land have formed part of the law of real property for a long time. Their oldest uses are probably in the context of wills, allowing stated persons to purchase part of the testators” property, and in the law of landlord and tenant, giving the tenant the right to call for a renewal of the term or in some cases to purchase the freehold. Options are still used for both of these purposes, although statutory developments in the law of landlord and tenant have rendered the option to renew of less significance than was once the case. In addition, other uses have been found for options by landowners and conveyancers.

scholarly journals WAKAF TUNAI DALAM PERSPEKTIF HUKUM ISLAM

2017 ◽  
Vol 19 (1) ◽  
pp. 1
Author(s):  
M. Wahib Aziz
Keyword(s):  
Distribution Area ◽  
Long Time ◽  
The Law ◽  
The Right ◽  
The Needy

For a long time, Muslims have been accustomed to donating with immovable objects, such as land and buildings. Those who can enjoy and utilize the land and building of wakaf is a community that is domiciled in the location around the wakaf property. Therefore, the idea of wakaf with money arises as it goes along with the need for funds to alleviate poverty while the location of the needy communities is spread outside the wakif area. Money is more flexible and does not recognize the boundaries of the distribution area. Cash wakaf is usually in the form of cash given by the wakif to the needy parties through the hands of amil zakat institution, infak and alms. This paper examines the extent to which the potential of cash wakaf, especially in Indonesia. In addition, to get a more in-depth review of the law of cash wakaf in the view of Islam and also to get the right formula in optimizing the prospect of cash wakaf, of which with directed to productive wakaf.<br />---<br /><br />Sejak lama, umat Islam terbiasa berwakaf dengan benda tidak bergerak, yaitu berupa tanah dan bangunan. Pihak yang dapat menikmati dan memanfaatkan harta wakaf tanah dan bangunan itu adalah masyarakat yang berdomisili di lokasi sekitar harta wakaf tersebut berada. Seiring dengan kebutuhan dana untuk pengentasan kemiskinan yang sangat besar dan lokasinya yang tersebar di luar daerah para wakif, maka muncullah pemikiran untuk berwakaf dengan uang. Uang bersifat lebih fleksibel dan tidak mengenal batas wilayah pendistribusian. Wakaf tunai biasanya berupa uang tunai yang diberikan oleh pewakaf kepada yang berhak menerimanya melalui tangan lembaga amil zakat, infak dan sedekah atau bisa juga dengan surat berharga seperti cek. Tulisan ini mengkaji sejauh mana potensi wakaf tunai, terutama di Indonesia. Selain itu juga untuk mendapatkan kajian lebih mendalam tentang hukum wakaf tunai dalam pandangan Islam dan juga untuk mendapatkan formula yang tepat dalam mengoptimalkan prospek cerah wakaf tunai, di antaranya dengan diarahkan ke wakaf produktif.

scholarly journals Constitutional court procedure and constitutional control in the field of lustration

2021 ◽  
pp. 99-115
Author(s):  
Oksana Shcherbanyuk
Keyword(s):  
Rule Of Law ◽  
Constitutional Court ◽  
Constitutional Courts ◽  
The Rule Of Law ◽  
Judicial Control ◽  
European Court ◽  
Long Time ◽  
The Law ◽  
Judicial Procedure ◽  
The Right

The article considers the constitutional court procedure and constitutional control in the field of lustration.  These issues are considered through the prism of the rule of law, its understanding by the Constitutional Court of Ukraine in its practice.  It is emphasized that the application of the principle of publicity and the requirements of increased publicity is due to the importance of cases heard by constitutional courts, as well as the results of judicial activity. Along with this, the issue of long-term consideration by the Constitutional Court of Ukraine of the law determining lustration is analyzed in detail. The study is updated by the fact that the European Court of Human Rights on the complaints of citizens of Ukraine found a violation of the right of the lustrated to a fair trial due to excessive time of national trials for their release.  It is concluded that the Law on Lustration should serve its most important function in establishing the rule of law in the country. In legal science there is a situation when the views of scholars on the essence of judicial procedure are contradictory, which gives rise to different understandings of this legal phenomenon by representatives of different scientific schools.  For a long time, the problem of judicial procedure was inextricably linked with the consideration of the category of the process, the essential idea of which significantly influenced the understanding of the limits of the procedure in law. The constitutional Court as the only organ of the constitutional-judicial control may be seen as a special (organized on a state basis), the carrier of the intellectual potential of theories of constitutional law.

scholarly journals IMPERATOR CONTRA PRAEDONES UWAGI O „NIEKONSTYTUCYJNOŚCI” LEX GABINIA

2017 ◽  
Vol 6 (2) ◽  
pp. 43
Author(s):  
Anna Tarwacka
Keyword(s):  
Mediterranean Area ◽  
Long Time ◽  
The Mediterranean ◽  
The Law ◽  
The Republic ◽  
The Right ◽  
First Time

Imperator contra praedones Some Remarks on the Illegality of the lex GabiniaSummaryIn 67 BC Aulus Gabinius, a tribunus plebis, proposed a law appointing an imperator to deal with the pirates of the Mediterranean area. The law was passed as lex Gabinia de uno imperatore contra praedones constituendo and the senate was asked to choose the right candidate. The only possible choice was Gnaeus Pompeius Magnus, the most talented and famous general of the time. The senators opposed so violently that Gabinius was almost killed. Thus, another assembly was called which appointed Pompey to the task. His campaign against the pirates was amazingly fast and successful.There are several reasons for treating this case as a deviation from the republican constitution. Firstly, the imperium was given for a period of three years which was unusually long time for an extraordinary command. Secondly, the general was given power on the whole Mediterranean area, equal to this of the provincial governors. Thirdly, he could choose his own legati which was a case unknown to the republican system. Moreover, it was the first time when an extraordinary command was given by the concilia plebis regardless the senatorial opposition.The case of lex Gabinia was one of Pompey’s numerous victories over the republic. Notwithstanding, he managed to persuade everyone to picture himself as a hero and defender o f the republic.

scholarly journals Abortion: A Review on Indonesia Regulations

Rechtsidee ◽  
2019 ◽  
Vol 6 (1) ◽  
Author(s):  
Hariansi Panimba Sampebulu
Keyword(s):  
Reproductive Health ◽  
Government Regulation ◽  
Safe Abortion ◽  
Long Time ◽  
The Law ◽  
Legal Construction ◽  
The Government ◽  
The Right

The position of women in legal construction in Indonesia today is still difficult to adjust to the circumstances that occur, especially in terms of equality issues. The abortion that has been a problem for so long time, being discussed because of the rules that are considered not in accordance with the existing rules, and the amount of pressure from various things. Law and Women are always placed in objects that are not neutral, especially in terms of discussing reproductive health. The government and legislation feel that they have a stake in integrating reproductive health owned by women. It is the position of women in the law that gives rise to many struggle movements and the diffusion of feminism in Indonesia. The rules of Article 31 paragraph 1 and 2 of Government Regulation Number 61 of 2014 which regulate safe abortion need to be more attention and safeguarded, so that a woman has the right to be based on herself. 

scholarly journals ABOUT GAPS IN MORTGAGE LEGAL RELATIONS IN IMPLEMENTATION OF MORTGAGE SUBJECT

2020 ◽  
Keyword(s):  
Legal Regulation ◽  
Court Decision ◽  
Legal Certainty ◽  
Long Time ◽  
The Subject ◽  
The Law ◽  
The Right ◽  
Subjective Rights ◽  
Mortgage Law ◽  
Legal Consequences

The purpose of this article is to identify loopholes in the mortgage law of Ukraine, in particular if the creditor has not properly exercised his or her right to a final court decision to satisfy his / her claims at the expense of the mortgage subject, resulting in violations of subjective rights of the mortgagee. It is noted that in practice, when applying the Law of Ukraine "On Mortgage" of 05.06.2003 № 898-IV outside the sphere of legal regulation of this law there is a question of legal consequences in case the creditor did not use within a certain time his right on the basis of a court decision on satisfaction his claims on the subject of the mortgage, including termination of the mortgage on these grounds. It is noted that the issue is unsettled: whether the debtor has the right to demand termination of the mortgage agreement, if the lender has chosen a way to satisfy his claims precisely by applying the foreclosure for the mortgage through his public auction, which was decided by the court, does not take any action on enforcement of this judgment. It is emphasized that the issue of the possibility of termination of a mortgage obligation as a result of abuse by the creditor of the right to enforce the obligation is important, in particular when the value of the property transferred to the mortgage exceeds considerably the amount of credit debt of the debtor and the mortgagee (the owner of the property) with encumbered property, unable to dispose of it, waiting for a long time to properly execute the court decision. The authors believe that, because of the improper execution of the court decision and the terms of the mortgage agreement, the mortgagee should also bear the burden of liability and certain losses in this case as well. Therefore, to protect the subjective rights of both the mortgagee and the mortgagee, the authors propose to overcome the gap in the Law of Ukraine "On Mortgage" by amending Art. 17. after the second part of the new part reads as follows: "if the mortgagee has not taken any measures to realize the subject of the mortgage for the execution of the judgment". That is, through the introduction of appropriate amendments to the legislation provides legal certainty in the mortgage relationship.

Bobbio, i diritti umani e la dottrina internazionalista italiana

2009 ◽  
pp. 485-502
Author(s):  
Francesco Salerno
Keyword(s):  
Human Rights ◽  
International Relations ◽  
International Law ◽  
State Level ◽  
Legal Framework ◽  
Legal Studies ◽  
Long Time ◽  
Legal Thinking ◽  
The Right ◽  
The Impact

- Two elements must be taken into account in order to assess Bobbio's influence on Italian legal thinking regarding human rights and their protection at the international level: on one side, Bobbio's polyedric attitude towards legal studies; on the other side, the difficulty experienced by the Italian doctrine of international law in moving away from traditional positivist and statalist paradigms. The "dialogue" between Bobbio and international legal thinking probably reached its peak in the middle of the 20th Century, when some international law scholars, referring inter alia to Bobbio's reflection on custom as a source of law, developed the idea of "spontaneous law" in connection with international customary rules. Yet, this "contact" had only a limited impact on the law of human rights, probably due to the fact that, for a long time, Italian scholars have generally followed a very cautious approach over the possibility of ascertaining the existence of universal rules for the protection of such rights. Besides, the Italian doctrine of international law, in line with its formalistic and statalist foundations, paid in general little attention to the "promotional" function of international law in the area of human rights, despite Bobbio's attempts to draw the attention to its potentials, especially after the adoption of the Universal Declaration of Human Rights(1948). Italian scholars, assuming that international relations and international law should be looked at from the standpoint of the "constitutional sovereignty" of the State, have also been generally unwilling to study the impact of international rules over issues of constitutional law and to assess whether international law requires States to adopt an institutional and legal framework compatible with the "right to democracy". Instead, Bobbio's attention to federalism has proved to be more easy to share among international law scholars, especially in connection with international organizations acquiring a supra-national dimension: the need of assuring respect of human rights within such organizations, just like at State level, has been constantly remarked by Italian authors.

scholarly journals Quelques considérations sur le droit linguistique

2005 ◽  
Vol 27 (2) ◽  
pp. 463-476 ◽  
Author(s):  
Joseph-G. Turi
Keyword(s):  
Minor Importance ◽  
Language Usage ◽  
Capital Social ◽  
Cultural Impact ◽  
Minority Language Rights ◽  
Legal Thinking ◽  
The Subject ◽  
The Law ◽  
The Right ◽  
Social Importance

The law of languages truly is new ground for legal thinking and even may be considered futuristic in as much as it is law that recognizes differences among men. In this respect, the Loi sur la langue officielle and the Charte de la langue française of Québec confirm the right to specific linguistic expression in the form of acts that are territorially and materially exhaustive — these laws are outstanding examples for anyone who is interested in comparative law of languages. Nonetheless, the law of languages profoundly touches upon concepts that are of capital social importance : culture, minority language rights and fundamental freedoms. Furthermore, the very object of linguistic legislation which of course is language, is per se an object that hardly lands itself to appropriation either linguistically or legally — and as a basic means for expressing legal thought, language simultanously is the subject and object of law dealing with meta-legal and meta-linguistic concepts. Lastly, there exist in Québec important restrictions of both a structural and operative nature that relate to the interpretation and enforcement of Quebec law on language usage. This is why the legal impact of language laws, in general, and Quebec law, in particular, is of minor importance, whereas the cultural impact is of major concern.

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