scholarly journals Valores jurídicos en la Regulación Penal de la Competencia Desleal en Ecuador

2021 ◽  
Vol 39 (69) ◽  
pp. 21-41
Author(s):  
Jorge Núñez Grijalva
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Common Good ◽  
The State ◽  
Unfair Competition ◽  
Real Problem ◽  
Apparent Absence ◽  
The Common Good ◽  
The Common ◽  
Legal Security

In all areas of the legal world there are higher aspirations, which represent legal values to be protected, like the justice, the common good and legal security stand out. The present work was proposed to analyze if the Ecuadorian Legislator, in its process of construction and promulgation of the criminal law regulating against the unfair competition, incorporated these three values into it. Regrettably, the results show an apparent absence of the three legal values in criminal law, leaving legal operators at a disadvantage in view of the need to control this type of crime and society, awaiting compliance. Through an exercise of legal hermeneutics, the study starts from a real problem in the Ecuadorian legal system of the criminal law against of the unfair competition, which demands to be discussed in the search for the State to take the necessary measures to solve this problem.

Speaking for Islam

2009 ◽  
Vol 26 (3) ◽  
pp. 110-127
Author(s):  
Abdoulaye Sounaye
Keyword(s):  
Common Good ◽  
The State ◽  
Institutional Transformation ◽  
The Political ◽  
Religious Authority ◽  
The Common Good ◽  
The Common ◽  
Religion And State ◽  
Islamic Values ◽  
French Model

Unexpectedly, one of the marking features of democratization in Niger has been the rise of a variety of Islamic discourses. They focus on the separation between religion and the state and, more precisely, the way it is manifested through the French model of laïcité, which democratization has adopted in Niger. For many Muslim actors, laïcité amounts to a marginalization of Islamic values and a negation of Islam. This article present three voices: the Collaborators, the Moderates, and the Despisers. Each represents a trend that seeks to influence the state’s political and ideological makeup. Although the ulama in general remain critical vis-à-vis the state’s political and institutional transformation, not all of them reject the principle of the separation between religion and state. The Collaborators suggest cooperation between the religious authority and the political one, the Moderates insist on the necessity for governance to accommodate the people’s will and visions, and the Despisers reject the underpinning liberalism that voids religious authority and demand a total re-Islamization. I argue that what is at stake here is less the separation between state and religion than the modality of this separation and its impact on religious authority. The targets, tones, and justifications of the discourses I explore are evidence of the limitations of a democratization project grounded in laïcité. Thus in place of a secular democratization, they propose a conservative democracy based on Islam and its demands for the realization of the common good.

scholarly journals Non-Positivist ‘Higher Norms’ and ‘Formal’ Positivism: Interpretation of the Ethiopian Criminal Law

2020 ◽  
Vol 14 (1) ◽  
pp. 85-118
Author(s):  
Simeneh Kiros Assefa
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
Criminal Law ◽  
Common Good ◽  
Legal Theory ◽  
Fundamental Rights ◽  
The Common Good ◽  
The Supreme Court ◽  
The Common

The criminal law is adopted as a means of achieving the common good; it is interpreted and applied by the court. The judge chooses the type of legal theory and method to employ in the interpretation and application of the criminal law. Such theories may be acquired from higher norms or from the decision of the Supreme Court. Because such choice of theory and method determines the outcome of the case, the judge is also expected to be guided by the doctrines in criminal law inspired by the values of rule of law and respect for fundamental rights, enshrined in the Constitution. This article examines how courts harmonise the application of the positive criminal law with the non-positivist theories of higher norms. After reviewing various criminal rules and their judicial application, it finds that the court applies the criminal law as it is written in disregard of the non-positivist theories of higher norms, at times in contradiction to the basic doctrines of the criminal law itself.

Speaking for Islam

2009 ◽  
Vol 26 (3) ◽  
pp. 110-127
Author(s):  
Abdoulaye Sounaye
Keyword(s):  
Common Good ◽  
The State ◽  
Institutional Transformation ◽  
The Political ◽  
Religious Authority ◽  
The Common Good ◽  
The Common ◽  
Religion And State ◽  
Islamic Values ◽  
French Model

Unexpectedly, one of the marking features of democratization in Niger has been the rise of a variety of Islamic discourses. They focus on the separation between religion and the state and, more precisely, the way it is manifested through the French model of laïcité, which democratization has adopted in Niger. For many Muslim actors, laïcité amounts to a marginalization of Islamic values and a negation of Islam. This article present three voices: the Collaborators, the Moderates, and the Despisers. Each represents a trend that seeks to influence the state’s political and ideological makeup. Although the ulama in general remain critical vis-à-vis the state’s political and institutional transformation, not all of them reject the principle of the separation between religion and state. The Collaborators suggest cooperation between the religious authority and the political one, the Moderates insist on the necessity for governance to accommodate the people’s will and visions, and the Despisers reject the underpinning liberalism that voids religious authority and demand a total re-Islamization. I argue that what is at stake here is less the separation between state and religion than the modality of this separation and its impact on religious authority. The targets, tones, and justifications of the discourses I explore are evidence of the limitations of a democratization project grounded in laïcité. Thus in place of a secular democratization, they propose a conservative democracy based on Islam and its demands for the realization of the common good.

The Separation of Powers

2018 ◽  
Author(s):  
N. W. Barber
Keyword(s):  
Common Good ◽  
Separation Of Powers ◽  
The State ◽  
Institutional Framework ◽  
State Institutions ◽  
State Action ◽  
The Common Good ◽  
The Common ◽  
Single State

The point of the separation of powers is examined, and it is argued that accounts of the principle that identify liberty as the guiding purpose of the principle are flawed, the products of an unattractive account of the state. A richer understanding of the state produces a richer understanding of the principle. The second and third parts of the chapter outline such an account, reflecting on the institutional framework required by the separation of powers: the divisions and connections that the principle demands. Different state institutions are well-placed to identify different aspects of the common good and, through their differing skills and instruments, well-suited to modify the policies of the state in light of these assessments. The constitution then combines these decisions into a single state action. The chapter then considers apparent exceptions to the separation of powers.

The Individual, The State, and The Common Good

1996 ◽  
Vol 13 (1) ◽  
pp. 59-79 ◽  
Author(s):  
John Haldane
Keyword(s):  
Political Philosophy ◽  
Common Good ◽  
The State ◽  
Aesthetic Theory ◽  
The Common Good ◽  
The Common ◽  
Political Deliberation ◽  
The Individual ◽  
Civil Order

Let me begin with what should be a reassuring thought, and one that may serve as a corrective to presumptions that sometimes characterize political philosophy. The possibility, which Aquinas and Madison are both concerned with, of wise and virtuous political deliberation resulting in beneficial and stable civil order, no more depends upon possession of aphilosophical theory of the state and of the virtues proper to it, than does the possibility of making good paintings depend upon possession of an aesthetic theory of the nature and value of art.

The Three Dimensions of the Rights of Indigenous Peoples

2009 ◽  
Vol 11 (1) ◽  
pp. 103-118 ◽  
Author(s):  
René Kuppe
Keyword(s):  
Cultural Diversity ◽  
Indigenous Peoples ◽  
Common Good ◽  
The State ◽  
Three Dimensions ◽  
Constitutional Democracy ◽  
Basic Principles ◽  
The Common Good ◽  
Legal Fiction ◽  
The Common

AbstractIndigenous peoples experience three levels of injustice: they are the trans-generational victims of historic colonisation; they are politically disenfranchised and their cultural diversity is not officially recognized. Indigenous peoples struggle for the recognition of their specific rights in order to overcome the injustice they are currently experiencing. This article explains how the recognition of these rights conflicts with some of the basic principles of modern constitutional democracy: the declared equality of all citizens; the legitimization of the state for the common good of all and the legal fiction of one homogenous people making up the state.

scholarly journals Louisiana's Mixed Legal System

2019 ◽  
Vol 15 (2) ◽  
pp. 341-357
Author(s):  
Robert A. Pascal
Keyword(s):  
Legal System ◽  
Common Good ◽  
Human Community ◽  
The Common Good ◽  
Science And Art ◽  
The Common

The author analyses the Louisiana experience as a basis for suggesting that the codified law methodology which Professor Tancelin favors presupposes a respect for law as the science and art of order for the common good, a respect that decreases as men ignore the ontological bases of human community and regard society as an association of individuals for selfish concerns.

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