Herausforderung der Rechtsordnung durch die Pandemie

2021 ◽  
Keyword(s):  
The State ◽  
Legal Order ◽  
Law System ◽  
Role Of The State

The pandemia might change our legal order. A legal suvey on recent changes has to show to which extent our law system was able to function during the crisis or what has to be changed for future calamities. The book collects different articles by specialists, starts with overviews on the legislation since the beginning, analyses the changed role of the state and checks the alteration in the different fields of law. More flexibility and an increase of digitalization already have become a permanent part of our law. With contributions by Malte Becker, Stefan Greiner, Ulrich Kelber, Jens Koch, Günter Krings, Alexander Kustermann, David von Mayenburg, Foroud Shirvani, Eberhard Schilken, Mathias Schmoeckel, Peter Stelmaszczyk, Gregor Thüsing and Thorsten Verrel.

Kant’s Naturrecht Feyerabend, Achenwall and the Role of the State

Kant Yearbook ◽  
2021 ◽  
Vol 13 (1) ◽  
pp. 49-71
Author(s):  
Mike L. Gregory
Keyword(s):  
Political Philosophy ◽  
Sustained Attention ◽  
Natural Law ◽  
The State ◽  
Natural Rights ◽  
Law System ◽  
Role Of The State ◽  
The Will ◽  
Subjective Rights

Abstract Kant’s Naturrecht Feyerabend has recently gained more sustained attention for its role in clarifying Kant’s published positions in political philosophy. However, too little attention has been given to the lecture’s relation to Gottfried Achenwall, whose book was the textbook for the course. In this paper, I will examine how Kant rejected and transforms Achenwall’s natural law system in the Feyerabend Lectures. Specifically, I will argue that Kant problematizes Achenwall’s foundational notion of a divine juridical state which opens up a normative gap between objective law (prohibitions, prescriptions and permissions) and subjective rights (moral capacities). In the absence of a divine sovereign, formal natural law is unable to justify subjective natural rights in the state of nature. In the Feyerabend Lectures, Kant, in order to close this gap, replaces the divine will with the “will of society”, making the state necessary for the possibility of rights.

Criminal Law

2018 ◽  
Author(s):  
Massimo Meccarelli
Keyword(s):  
Eighteenth Century ◽  
Public Space ◽  
Criminal Law ◽  
The State ◽  
Legal Order ◽  
Law System ◽  
Historical Turn ◽  
State Monopoly ◽  
Key Aspects

This chapter aims to study features and development of criminal law in the medieval and modern ages. The emergence, at the end of the eighteenth century, of the state monopoly on punishment, connected with the establishment of the statutory law as an ordering factor, represents a historical turn. Before, criminal law—much more than to the exercise of a right to punish—is related to the problem of determining justice in order to produce a public space substitute for revenge. The chapter, considering this different foundation, analyses the ordering factors structuring the criminal law system. It then focuses on peculiar features of the criminal trial and on key aspects such as the role of the judge, the sanctions regimes, the taxonomy of the crimes, and the regimes of proof. Some cursory remarks, as to how the criminal legal order turns into a system under a state monopoly, serve as a conclusion.

Pathways to Legal Rights

2020 ◽  
pp. 168-190
Author(s):  
Larissa Katz
Keyword(s):  
Special Kind ◽  
The State ◽  
Legal Order ◽  
Legal Rights ◽  
Role Of The State ◽  
Private Rights ◽  
The Way

In this chapter, I develop a new account of what is distinctively ‘equitable’ about equitable rights. On this account, equity as an institution regulates the pathways to legal rights. A person who is on a completeable but as yet incomplete path to acquire legal rights is vulnerable to interruption triggering the forfeiture of her position. Courts of equity fulfill the role of the state to preserve the integrity of the legal order by regulating the pathways to rights. This account explains and unifies equity’s traditional domain—the cluster of doctrines and principles that originated in the courts of equity. It also provides the lens through which to understand equity’s concern with a special kind of injustice where a person suffers an interruption along the way to private rights.

Economic and Legal Support for Commercialization of Intellectual Property in Russia

2003 ◽  
pp. 66-76
Author(s):  
I. Dezhina ◽  
I. Leonov
Keyword(s):  
Intellectual Property ◽  
The State ◽  
Commercial Application ◽  
The West ◽  
Role Of The State ◽  
Legal Context

The article is devoted to the analysis of the changes in economic and legal context for commercial application of intellectual property created under federal budgetary financing. Special attention is given to the role of the state and to comparison of key elements of mechanisms for commercial application of intellectual property that are currently under implementation in Russia and in the West. A number of practical suggestions are presented aimed at improving government stimuli to commercialization of intellectual property created at budgetary expense.

General Particulars Regarding the Conflict of Interest

2020 ◽  
Vol 26 (2) ◽  
pp. 145-149
Author(s):  
Aurelia Teodora Drăghici
Keyword(s):  
Local Government ◽  
Conflict Of Interest ◽  
Conflicts Of Interest ◽  
National Level ◽  
The State ◽  
Role Of The State ◽  
Legal Implications ◽  
Determining Factors ◽  
Changing Role

SummaryTheme conflicts of interest is one of the major reasons for concern local government, regional and central administrative and criminal legal implications aiming to uphold the integrity and decisions objectively. Also, most obviously, conflicts of interest occur at the national level where political stakes are usually highest, one of the determining factors of this segment being the changing role of the state itself, which creates opportunities for individual gain through its transformations.

The main directions of educational policy of Finland

2020 ◽  
Vol 11 (2) ◽  
pp. 6-13
Author(s):  
K. E. Stupak ◽  
Keyword(s):  
Higher Education ◽  
Education Policy ◽  
Education System ◽  
Decisive Role ◽  
The State ◽  
Vocational Education And Training ◽  
State Education Policy ◽  
Role Of The State ◽  
State Education

The article deals with analyzing the main streams of the education policy in Finland, which reflect the relationship between a person and society in modern socio–economic conditions. Such policy directs the system of education to change the person and his mind himself. Finland using its education system, has long before been concerned about preparing people for the future by reforming approaches to teaching in schools and higher education institutions. As a result, it has achieved world–wide recognition and top positions in various ratings have resulted. Therefore, today there is a great interest of scientists in certain issues of education functioning in Finland. Thus, G. Androshchuk, V. Butova. I. Zhernokleeva, T. Pushkareva and others study in their works the purpose and decisive role of Finland's education policy in the development of the education system. S. Grinyuk and V. Zagvozdkin pay attention to the practical the steps of reforming the Finnish system of education. T. Drobyshevsk investigates the system of providing educational services in Finland as a sector of knowledge production. L. Volynets, P. Kukharchuk consider the principles of the state education policy of Finland. L. Smolskaya examines the role of the state policy in implementing the "Finnish phenomenon"; P. Basyliuk and Yu. Kulykova, focus attention on the study of the evolution of the system of higher education in Finland; O. Scherbak reveals peculiarities of vocational education and training.

Sign in / Sign up

Export Citation Format

Share Document