Introduction to the conceptual cathegories of Biolaw / Introducción a las categorías conceptuales del bioderecho en la discrecionalidad jurídica

2018 ◽  
Vol 67 (3) ◽  
pp. 345-354
Author(s):  
Alejandro Castaño Bedoya
Keyword(s):  
Human Action ◽  
Cognitive Status ◽  
The Road ◽  
Mind And Brain ◽  
Judicial Reasoning ◽  
The Law ◽  
Epistemological Basis ◽  
Internal Justification ◽  
Made In

The identification of the epistemological dispersion regarding decisions made in Biolaw, becomes evident in the critical incorporation of materialism and new forms of physicalism, since its epistemological basis refers to a broader context than the unifyng relationship between mind and brain. Hence, the argumentative theories adopted by authors such as Wroblesky, Aarnio and Alexy, who identify a double requierement to justify, namely: 1) the internal justification, regulated by logic when connecting premises or staments that are part of the judicial reasoning; 2) the external justification that emphasizes in the arguments or reasons to justify those premises or staments. Biolaw implies recognizing that psychopathology has already traveled the road to understand phenomenoms suchs as intentionality, interpretation and interpretative assumptions of the architecture of legal decition. Those who study Biolaw must identify those assumptions that sometimes are thoughtless. This implies giving reasons about the underlying mind-body relationship, those elements that make up the legal the relavant human action, and the configuration of the basic human godos involved in the Litis of the Biolow. All these elements that forces us to rethink the cognitive status of the law in general, and the Biolaws in particular. ---------- La identificación de la denominada dispersión epistemológica en las decisiones en Bioderecho se evidencia en la incorporación crítica al materialismo, en particular, y a las nuevas formas de fisicalismo, ya que su base epistemológica se encuentra en un contexto mucho más amplio que la explicación unificadora de la relación mente-cerebro. De ahí que teorías de la argumentación adoptadas por autores como Wroblesky, Aarnio y Alexy identifican una doble exigencia en la justificación: por un lado, la llamada justificación interna, regulada por la lógica a la hora de conectar las premisas o conectar los enunciados que forman parte del razonamiento judicial y, por el otro, la justificación externa, focalizada en los argumentos o razones utilizados para justificar aquellas premisas o enunciados. El bioderecho implica reconocer que se plantea una crítica al materialismo y al fisicalismo, camino que ya la psicopatología recorrió para entender fenómenos como la intencionalidad, la interpretación de conductas humanas y los supuestos interpretativos de la arquitectura de la decisión jurídica. El estudioso del bioderecho debe identificar esos supuestos, muchas veces irreflexivos; ello implica dar razones acerca de la relación mente-cuerpo subyacente, los elementos que componen la acción humana jurídicamente relevante, la configuración de los bienes humanos básicos involucrados en la litis en el bioderecho; elementos todos estos que hacen necesario repensar el estatuto cognoscitivo del derecho, en general, y del bioderecho, en particular.

Penerapan Konsep Kota Pintar dengan Cara Penerapan ERP (Electronic Road Price) di Jalan Ibu Kota DKI Jakarta

2020 ◽  
Vol 5 (1) ◽  
pp. 13
Author(s):  
Arman Syah Putra
Keyword(s):  
Erp System ◽  
The Road ◽  
Road Price ◽  
The Future ◽  
Pros And Cons ◽  
Made In

The problem raised in this research is the implementation of ERP (Electronic Road Price) which will be applied in several street corners of the capital of Jakarta, many pros and cons that will occur in its application, ranging from its licensing to its application in the field, socialization to users the road in the capital is very important to do because it will directly intersect with motorized motorists in the capital of Jakarta, in its application also must be considered using what tools are best placed in every corner of the capital to help smooth the system to be applied, in this research the author will provide suggestions and frameworks so that the implementation of the ERP system (Electronic Road Price) can be carried out right away, with the suggestions that have been made are expected to influence the policies that will be made in terms of ERP (Electronic Road Price) in the future.

Social Progress in Britain

2018 ◽  
Author(s):  
Anthony F. Heath ◽  
Elizabeth Garratt ◽  
Ridhi Kashyap ◽  
Yaojun Li ◽  
Lindsay Richards
Keyword(s):  
Free Market ◽  
Youth Unemployment ◽  
Social Progress ◽  
The Road ◽  
Social Divisions ◽  
Policy Interventions ◽  
The Usa ◽  
On The Road ◽  
Free Market Reforms ◽  
Made In

Social Progress in Britain examines how much progress has made in the years since Sir William Beveridge described the ‘five giants on the road to reconstruction’—the giants of Want, Disease, Ignorance, Squalor, and Idleness. The book has chapters examining the progress which Britain has made in improving material prosperity and tackling poverty; in extending length of life and tackling disease; in raising participation in education and improving educational standards; in tackling the scourge of unemployment, especially youth unemployment; and in providing better-quality housing and tackling overcrowding. In addition to Beveridge’s five giants, the book also explores inequalities of opportunity (focussing on inequalities between social classes, men and women, and ethnic groups), and the changing nature of social divisions and social cohesion in Britain. Throughout, the chapters put British progress into perspective by drawing comparisons with progress made in other large developed democracies such as Canada, France, Germany, Italy, Japan, Sweden, and the USA. As well as looking at the average level of prosperity, life expectancy, education, and housing, the book examines the extent of inequality around the average and pays particular attention to whether the most disadvantaged sections of society have shared in progress or have fallen behind. It concludes with an assessment of the effect of policy interventions such as Margaret Thatcher’s free market reforms of the 1980s on different aspects of social progress.

Multi-criteria Decision-making Applications Based on Set Valued Generalized Neutrosophic Quadruple Sets for Law

2021 ◽  
pp. 41-60
Author(s):  
Necmiye Merve Sahin ◽  
◽  
◽  
Merve Sena Uz
Keyword(s):  
Decision Making ◽  
Similarity Measure ◽  
Point Of View ◽  
Multi Criteria Decision Making ◽  
Legal Decisions ◽  
The Law ◽  
Made In

In this article, an algorithm has been introduced that enables judges to see the decisions that should be made in a way that is closest to the conscience and the law, without transferring the cases to the higher authorities, without anyone objecting to their decisions. This algorithm has been introduced depending on the generalized set-valued neutrosophic quadruple numbers and the Euclidean similarity measure in sets, what the decision is made by considering all the situations, regardless of which case the defendants come before the judge, how similar these decisions are to the legal decisions that should be made. In this way, we can easily see the decisions given to the accused in all kinds of cases, and we can arrange the decisions according to the similarity value. The closer the similarity value is to 1, the more correct the judge's decision from a legal point of view.

Transforming the Law on Psychiatric Lesions

2021 ◽  
Vol 2021 (2) ◽  
pp. 253-271
Author(s):  
Emile Zitzke
Keyword(s):  
Supreme Court ◽  
Expert Witnesses ◽  
The Supreme Court ◽  
Psychological Harm ◽  
The Law ◽  
Constitutional Right ◽  
Law Of Delict ◽  
Court Of Appeal ◽  
Made In

In this article, I trace the development in the law of delict of recognising general damages claims on account of psychiatric lesions with the aim of making suggestions on how to transform it. Using the tragic case of Michael Komape as a springboard for the discussion, I argue that even though the Supreme Court of Appeal has recently brought clarity on the law on psychiatric lesions, more transformative work still needs to be done. More specifically, this article contends that the constitutional right to bodily and psychological integrity might require us to rethink the high evidentiary threshold that courts have set for proving the element of harm in cases related to psychiatric lesions. I argue that this can be done in at least three ways: First, by very cautiously bringing about a development that would involve protecting victims of psychological harm whose expert witnesses are shown to be inadequate despite all other facts indicating the existence of a psychiatric lesion. Secondly, by lowering the requirement of “recognised psychiatric lesion” to “grievous mental injury”, in line with similar arguments made in England. Thirdly, and most controversially, by acknowledging that perhaps the time has come for our law to recognise claims for so-called “grief in the air”.

scholarly journals Titles to Life Assurance Policies

1905 ◽  
Vol 2 ◽  
pp. 343-386
Author(s):  
Alfred Ernest Sprague
Keyword(s):  
Legal Proceedings ◽  
Legal Question ◽  
Life Assurance ◽  
The Subject ◽  
The Law ◽  
To Receive ◽  
Made In

The chief object for which insurance offices exist is to pay claims; but before any claim can be paid, the question arises—who is the proper person to receive the payment ? If any mistake be made in this, the office may find itself involved in troublesome and expensive legal proceedings, and be compelled to pay the claim twice over. This consideration shows the necessity of insurance officials having some knowledge of law, as it is almost impracticable for them to refer every legal question to their solicitors; and my present object is to draw attention to some of the elementary points which arise in the ordinary course of our business. On the shelves of the library there are to be found papers by Mr. Barrand, Mr. Warren Crosbie, and Mr. Hayter, which should be studied carefully (in addition to the text books) by every one desirous of qualifying himself for a position of responsibility in the claims or law department of his office; but these papers do not exhaust the subject, and I do not propose to allude to the points discussed therein, except in the cases where some further explanation seems desirable or where there has been an alteration in the law or in the practice of the offices.

Changing Concepts and the Doctrine of Incorporation

1932 ◽  
Vol 26 (2) ◽  
pp. 239-260 ◽  
Author(s):  
Edwin D. Dickinson
Keyword(s):  
Judicial Decisions ◽  
Law Of Nations ◽  
The Law ◽  
Made In ◽  
International Incidents

The student or practitioner whose interest is primarily in the interpretation and application of the law of nations is often prone to dismiss fundamental concepts as a matter of mere theoretical importance. This is a serious mistake. No one is capable of understanding the interpretations and applications of the law of nations which have been made in judicial decisions, national and international, in arbitrations, and in international incidents, unless he has some knowledge of the fundamental concepts of the science and of the conditions under which those concepts have developed. Concepts, in truth, are as much a part of the fabric of international jurisprudence as the intricate and confused records of international conduct. If they are no longer its warp and woof, they provide at least the necessary patterns.

scholarly journals The Theory of Interpretation in Solving Contemporary Legal Issues: With A Focus on the Instrument of Ijtihad

2018 ◽  
Vol 150 ◽  
pp. 05056
Author(s):  
Abdulrahman M.A.Albelahi ◽  
A. Ali ◽  
Faten Mohmed ◽  
Metwally Ali
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
Legal Issues ◽  
Legal Interpretation ◽  
Way Of Life ◽  
Essential Question ◽  
Judicial Reasoning ◽  
The Law ◽  
Law And Legislation

Since the beginning, legal theory has concerned itself with the establishment of principles and precepts that govern the procedure of legal interpretation, from the initial stages of the judicial reasoning down to the promulgation of ruling and their implementation, Islam is a total way of life. Muslims are obliged to abide by the rules of Allah in every aspect of their lives, always and wherever they live. However, the actual rules of Allah as given in the Qur’an and the sunna are limited. The Qur’an contains only six hundred verses directly related to laws, and there are approximately two thousand hadiths. The function of interpretation is to discover the intention of the Lawmaker of the matter, therefore, interpretat primarily concerned with the discovery of that which is rot self-evident the objective of interpretation is to ascertain the intention c the Lawmaker with regard to what has been left unexpressed as a matter of necessary interference from the surrounding circumstances. Sometimes, the textual sources did not provide detailed guidelines in which to derive the law, and then the role of interpretation is important to determine the law. In Islamic law the role of Ijtihad undoubtedly important in order to meet new problems. But some of the Jurist contended that the role of Ijtihad had ended and we have to follow the rule that has been stated. An explanation given to this trend is that a point had been reached at which all essential question of law had been thoroughly discussed and further deliberation was deemed unnecessary. In Common law, man-made law and legislation are related to one another within a philosophy of law. Parliament makes law and it is the duty of the courts to give effect to them if properly enacted. While courts may rule that a particular statute or section is invalid for various reasons such as unconstitutionality, they cannot say, "We shall change this Act because it is not appropriate". That function belongs to Parliament (Wu Min Aun 1990: 120). So as in Islamic law, the Lawmaker is Allah S.w.t and the sacred text (Quran) is legislated due to His intention whereas Sunnah of the Prophet Muhammad is enacted due to the Prophet's intention. Therefore, Ulama of Usul Fiqh, in making any Ijtihad, they are du y bound to be guided by Quran and Sunnah.

scholarly journals Hvem var opænbarligh gen guth i Jyske Lovs Fortale? Et studie i Lovbogens teksthistorie

2016 ◽  
Vol 52 ◽  
Author(s):  
Michael H. Gelting
Keyword(s):  
Fifteenth Century ◽  
Canon Law ◽  
Original Text ◽  
Standard Text ◽  
History Of ◽  
The Will ◽  
The Law ◽  
Further Development ◽  
Political Realities ◽  
Made In

One sentence in the Prologue of the Law of Jutland (1241) has caused much scholarlydiscussion since the nineteenth century. Did it say that “the law which the king givesand the land adopts, he [i.e. the king] may not change or abolish without the consentof the land, unless he [i.e. the king] is manifestly contrary to God” – or “unless it [i.e.the law] is manifestly contrary to God”? In this article it is argued that scholarly conjectures about the original sense of the text at this point have paid insufficient attentionto the textual history of the law-book.On the basis of Per Andersen’s recent study of the early manuscripts of the Lawof Jutland, it is shown that the two earliest surviving manuscripts both have a readingthat leaves little doubt that the original text stated that the king could not change thelaw without the consent of the land unless the law was manifestly contrary to God. Theequivocal reading that has caused the scholarly controversy was introduced by a conservativerevision of the law-book (known as the AB text), which is likely to have originatedin the aftermath of the great charter of 1282, which sealed the defeat of the jurisdictionalpretensions of King Erik V. A more radical reading, leaving no doubt that the kingwould be acting contrary to God in changing the law without consent, occurs in an earlyfourteenth-century manuscript and sporadically throughout the fifteenth century, butit never became the generally accepted text. On the contrary, an official revision of thelaw-book (the I text), probably from the first decade of the fourteenth century, sought toeliminate the ambiguity by adding “and he may still not do it against the will of the land”,thus making it clear that it was the law that might be contrary to God.Due to the collapse of the Danish monarchy in the second quarter of the fourteenthcentury, the I text never superseded the AB text. The two versions coexistedthroughout the fourteenth and fifteenth centuries and soon produced a number ofhybrid versions. One of these gained particular importance, since it was the text thatwas used for the first printed editions of the Law of Jutland in 1504 and 1508. Thus itbecame the standard text of the law-book in the sixteenth century. The early printededitions also included the medieval Latin translation of the Law of Jutland and theLatin glosses to the text. The glosses are known to be the work of Knud Mikkelsen,bishop of Viborg from 1451 to 1478. Based on a close comparison of the three texts, itis argued here that Bishop Knud was also the author of the revised Danish and Latintexts of the law-book that are included in the early printed editions, and that the wholework was probably finished in or shortly after 1466. Bishop Knud included the I text’saddition to the sentence about the king’s legislative powers.An effort to distribute Bishop Knud’s work as a new authoritative text seems tohave been made in 1488, but rather than replacing the earlier versions of the Lawof Jutland, this effort appears to have triggered a spate of new versions of the medievaltext, each of them based upon critical collation of several different manuscripts.In some of these new versions, a further development in the sentence on the king’slegislative power brought the sentence in line with the political realities of the late fifteenthcentury. Instead of having “he” [i.e. the king] as the agent of legal change, theyattribute the initiative to the indefinite personal pronoun man: at the time, any suchinitiative would require the agreement of the Council of the Realm.Only the printing press brought this phase of creative confusion to an end in theearly sixteenth century.Finally, it is argued that the present article’s interpretation of the original senseof this particular passage in the Prologue is in accordance with the nature of Danishlegislation in the period from c.1170 to the 1240s, when most major legislation happenedin response to papal decretals and changes in canon law.

scholarly journals Israel: Is COVID-19 Expected More Than a War? (The Increase in Customs Value in Israel, Due to the COVID-19 Increase in Transport Prices - The Problem, and the Solution)

2021 ◽  
Vol 5 (11) ◽  
pp. 20-23
Author(s):  
Omer Wagner ◽  
Keyword(s):  
The State ◽  
Transportation Costs ◽  
The Past ◽  
The Law ◽  
Made In

Sea freight prices have risen sharply, due to the COVID-19 crisis, global shortages of ships, declining competition in the field, and containers of contagious demand. The increase in transportation costs leads to the increase in the value of goods for customs purposes, and to a further collection of customs duties. The Israeli law allows the state to facilitate importers and waive the extra customs duties, and similar and other facilitations have been made in the past. Therefore, all that is required is the flexibility and activation of goodwill on the part of the state, when interpreting the law.

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