scholarly journals The legal system for horse protection in ancient China

2021 ◽  
Vol 12 (3) ◽  
pp. 28-42
Author(s):  
Lihong Gao ◽  
Da Su
Keyword(s):  
Animal Welfare ◽  
Legal System ◽  
Good Life ◽  
Legal Framework ◽  
Legal Systems ◽  
Ancient China ◽  
Animal Protection ◽  
Ecological Awareness ◽  
The Face ◽  
History Of

The concept of "animal welfare" originated relatively recently and refers to fulfilling the basic needs of animals to avoid unnecessary suffering. However, in ancient China, ecological awareness similar to current “animal welfare” had already been awoken and codified in the form of a series of legal systems, among which were specific regulations for horses that entailed giving them a good life, as well as a series of “animal welfare” regulations more in line with the current sense, such as not hitting them in the face, nor using genetically related horses for breeding. This paper analyses the current legal framework of animal protection to trace the legal system on horse protection throughout the history of China.

Historicizing the Dual Categorization of the General Principles of Law by the ILC

2020 ◽  
Vol 10 (2) ◽  
pp. 187-195
Author(s):  
Md Tabish EQBAL
Keyword(s):  
Advisory Committee ◽  
Legal System ◽  
Legal Framework ◽  
Legal Systems ◽  
International Court ◽  
History Of ◽  
General Principles Of Law ◽  
International Legal System

Abstract“Draft conclusion 3” of the first ILC report on the “general principles of law” expounds on two categories: general principles of law derived from national jurisdictions and those formed within the international legal system. This paper explores the drafting history of Article 38(1)(c) of the ICJ's Statute to investigate whether the Advisory Committee of Jurists, entrusted to frame a statute for the international court, had conceived the idea that, apart from domestic legal systems, the international legal framework could form general principles of law, or whether they were reluctant to endorse such an open-ended formulation which would give more liberty to judges to apply these principles as per their whims and fancies. The paper argues that the dual categorization of the general principles of law by the ILC has no substantive roots in the preparatory history of the ICJ's Statute and therefore it is purely an innovation by the ILC.

scholarly journals PERBANDINGAN SISTEM HUKUM COMMON LAW, CIVIL LAW DAN ISLAMIC LAW DALAM PERSPEKTIF SEJARAH DAN KARAKTERISTIK BERPIKIR

2018 ◽  
Vol 25 (1) ◽  
pp. 98
Author(s):  
Farihan Aulia ◽  
Sholahuddin Al-Fatih
Keyword(s):  
Legal System ◽  
Legal History ◽  
Islamic Law ◽  
Common Law ◽  
Legal Systems ◽  
Legal Tradition ◽  
History Of ◽  
Legal Thinking ◽  
Anglo American ◽  
The Comparative Study

The legal system or commonly referred to as the legal tradition, has a wealth of scientific treasures that can be examined in more depth through a holistic and comprehensive comparative process. Exactly, the comparison of the legal system must accommodate at least three legal systems that are widely used by countries in the world today. The three legal systems are the Continental European legal system, Anglo American and Islamic Law. The comparative study of the three types of legal systems found that the history of the Continental European legal system is divided into 6 phases, while Anglo American legal history began in the feudalistic era of England until it developed into America and continues to be studied until now. Meanwhile, the history of Islamic law is divided into 5 phases, starting from the Phase of the Prophet Muhammad to the Resurrection Phase (19th century until nowadays). In addition to history, the authors find that the Continental European legal system has the characteristic of anti-formalism thinking, while the Anglo American legal thinking characteristic tends to be formalism and is based on a relatively primitive mindset. While the thinking character of Islamic Law is much influenced by the thought of the fuqoha (fiqh experts) in determining the law to solve a problem, so relatively dynamic and moderate.

scholarly journals THE ROLE OF JUDICIAL PRACTICE IN THE LEGAL SYSTEM: RUSSIAN EXPERIENCE IN THE WORLD CONTEXT

2017 ◽  
pp. 40-49 ◽  
Author(s):  
Виктор Момотов ◽  
Viktor Momotov
Keyword(s):  
Legal System ◽  
Negative Attitude ◽  
Case Law ◽  
Legal Framework ◽  
Legal Systems ◽  
Legal Norms ◽  
Judicial Practice ◽  
The Usa ◽  
Anglo American

In Russian legal science there is a wide-spread belief according to which legal precedents are not sources of Russian law, because Russian legal system forms a part of continental legal system. Various researchers believe that judicial practice does not contain legal norms and consequently case law is not a component of Russian legal framework. The present paper contains the theoretical and historical legal research of the place and role of case law in Anglo-American and continental legal systems. It’s shown that for long historical periods legal precedents were recognized as sources of law not only in Great Britain and the USA, but also in major European legal systems, while at the present time differentiation of legal systems with respect to their attitude towards case law is becoming outdated. Furthermore, based on the research of various legal scholars’ traditions (principally of the positivistic and the sociological traditions) this article demonstrates that negative attitude towards case law is largely determined by the formalistic and obsolete understanding of the term ”source of law”, coming from the misinterpretation of positivism. The paper also presents the current development trends of case law as a source of law. In particular the article outlines the proactive interpretations of new statutory provisions issued by the Plenum of the Supreme Court of the Russian Federation, the global uniqueness of such interpretations and the influence of scientific–technological progress and public needs on the highest court’s interpretations. The mutual interference of case law and statutory law is shown.

scholarly journals Theoretical and practical considerations regarding the illegal access to a computer system in the Romanian Criminal Law

2021 ◽  
Vol 26 ◽  
pp. 944-949
Author(s):  
Zafer Sadîc
Keyword(s):  
Computer System ◽  
Criminal Law ◽  
Legal System ◽  
Legal Framework ◽  
Unauthorized Access ◽  
Criminal Jurisprudence ◽  
History Of

The article analyzes the legal framework for regulating the crime of illegal access to a computer system in the Romanian legal system, with a brief foray into the history of criminalization of unauthorized access to a computer system, continues with the indication of the normative text in force, after which it describes the structure and legal content of the crime, with specific references to recent relevant criminal jurisprudence.

scholarly journals The Legal Pluralism in Law Education in Indonesia

2021 ◽  
Vol 4 (1) ◽  
pp. 1-5
Author(s):  
Rahmat Bin Mohamad ◽  
I Wayan Rideng
Keyword(s):  
Law Enforcement ◽  
Legal System ◽  
Social Issues ◽  
Legal Pluralism ◽  
Legal Culture ◽  
Legal Systems ◽  
Legal Compliance ◽  
Normative Study ◽  
History Of ◽  
The Many

This paper aims to analyze the practice of legal pluralism in Indonesia. A decentralized approach policy enables the growth and the development of various legal systems. By the prevailing of the pluralism of legal system apparently also raises the problem in its application. But in reality, various living legal systems can co-exist. The method applied is based on normative study, with qualitative approach. The result shows that the legal system that pluralism is very influential on the development of education, including law education. Law education in Indonesia is also influenced by the history of Indonesia. The new pattern of law education in Indonesia can only lead people to an obedience and legal compliance. Legal education is not an independent thing, but it is related to social issues. So it has implications for the many violations of law and the emergence of criminal acts. This shows the level of legal awareness of the community is still low. Then it will also affect the legal culture and law enforcement in a country.  

Tracing the History of the Legal System in India

2019 ◽  
pp. 1-22
Author(s):  
Mahendra Pal Singh ◽  
Niraj Kumar
Keyword(s):  
Legal System ◽  
Legal History ◽  
Common Law ◽  
Legal Systems ◽  
Legal Tradition ◽  
Medieval Period ◽  
British Raj ◽  
Legal Traditions ◽  
History Of ◽  
The Law

Examination of Indian legal history illustrates the presence of multiple legal orders that coexisted in India through the ages. Moreover, certain ‘modern’ conceptions of law were present in similar forms in India before the medieval period, contrary to Western assumptions. Largely ignoring these legal traditions, the British attempted to re-give law and legal systems to the Indians. This was part of the larger project of ideologically justifying the presence of the British Raj in India. The British used India’s extant legal diversity to argue for the lack of a dominant legal tradition, leading to the introduction of British common law as the law of the land.

The Scope for Uniform National Laws in Cameroon

1991 ◽  
Vol 29 (3) ◽  
pp. 443-456 ◽  
Author(s):  
Charles Manga Fombad
Keyword(s):  
Legal System ◽  
Legal Systems ◽  
Colonial Era ◽  
History Of

Cameroon like most formerly colonised countries in African has, since independence and re-unification, grappled with a Danaidean task in attempting to develop a modern legal system that takes account of its heritage and present conditions, as well as its socio-economic and political needs. If the history of African legal systems reflects the difficulties encountered in framing national laws derived from customary and foreign laws introduced during the colonial era, these are even more serious in Cameroon where, because of its complicated colonial past, two potentially divergent foreign legal systems have struggled for supremacy in determining the nature and content of its new uniformised laws. Now in its third decade of independence, and with the two former British and French parts united politically, the goal of legal unity seems to be regarded as a logical sequitur.

scholarly journals The Scientist Citizen and the Citizen Scientist: Blurring the Lines

ILAR Journal ◽  
2019 ◽  
Vol 60 (1) ◽  
pp. 5-8 ◽  
Author(s):  
Lane Warmbrod ◽  
Marc Trotochaud ◽  
Nancy Connell
Keyword(s):  
Animal Welfare ◽  
Life Sciences ◽  
Scientific Enterprise ◽  
Citizen Scientist ◽  
The World ◽  
The Future ◽  
The Face ◽  
History Of

Abstract The scientific enterprise satisfies the innate human urge to understand the world; these efforts have led to both improvements and dangers to society. The storied history of relationships between scientists and citizens suggests that the lines between these 2 sectors of society are often blurred. Here we discuss these relationships on the context of animal welfare. We briefly outline the history of animal welfare in research, and the entry of citizens into the discussion, leading to the Animal Welfare Act of 1966. The commitment of scientists to society, in this context, is the act of whistleblowing in research. As medical and life sciences technologies continue to expand at breathtaking rates, the landscape that both scientists and citizens must navigate increases in complexity. We discuss the responsibility of both the scientist and the citizen, as members of the voting public, in the face of the challenges of the future.

scholarly journals Do Animals Have Any Rights in Slovakia?

2021 ◽  
Vol 30 (3) ◽  
pp. 47-65
Author(s):  
Martin Dufala ◽  
Lenka Grešová
Keyword(s):  
Human Rights ◽  
Animal Welfare ◽  
Animal Rights ◽  
Environmental Law ◽  
Well Being ◽  
Legal Framework ◽  
Animal Protection ◽  
Favourable Environment

This article focuses on assessing whether the current Slovak legal framework provides animals with a sufficient level of protection against cruelty and maltreatment. Past and current Slovak legislation on animal protection was analyzed in light of the major animal welfare challenges that Slovakia faces today. Contrary to what the title of the study suggests, a different approach was chosen to strengthen the protection of animals – not through the concept of animal rights, but the concept of human rights to a favourable environment. In addition, the possibility of using the already existing environmental law legal instruments when the well-being of animal is threatened was discussed.

Introduction

2020 ◽  
pp. 1-12
Author(s):  
Klimchuck Samet
Keyword(s):  
Legal System ◽  
Common Law ◽  
Philosophical Analysis ◽  
Legal Systems ◽  
History Of ◽  
Moral Dimensions ◽  
The Law

This introductory chapter provides an overview of this book’s study of the history of equity. In his celebrated Lectures on Equity, FW Maitland famously declared that all that could be said in answer to what is distinctive of the law of equity is that it comprises ‘that body of rules administered by our English courts of justice which, were it not for the operation of the Judicature Acts, would be administered only by those courts which would be known as Courts of Equity’. If Maitland was right, then there is no reason to think the law of equity names something about which there could be philosophical foundations. The contributors to this volume share, for the most part, and in various degrees, the view that Maitland was wrong. Since at least the time of Aristotle, equity has captured the interest of philosophers, and that fascination continues today. As equity’s place in the legal system continues to evolve, equity’s correction of the law, equity’s distinctiveness, and equity’s moral dimensions will continue to remain central questions. Philosophical analysis of these aspects of equity in general and equity in common law legal systems promises to help in understanding and better shaping these developments.

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