scholarly journals Fruit Salad

2014 ◽  
Vol 38 (2) ◽  
pp. 405-452
Author(s):  
Roderick A. Macdonald
Keyword(s):  
Close Association ◽  
Explanatory Power ◽  
Moral Rights ◽  
The Past ◽  
Alternative Vision ◽  
Secured Transactions ◽  
The Law ◽  
Spatio Temporal ◽  
The One ◽  
Capital Value

In orthodox theory, the law of property is held to be fundamentally about the identification and protection of rights in things (corporeal property), assumed to be finite in space and infinite in time. But modern economies undermine the explanatory power of this orthodoxy four ways. First, the space of property can no longer be easily fixed once and for all. This is especially the case for incorporeals but is also true of corporeals. Second, the time of property is now understood differently. The past distinction between fruits and products has been questioned with the recognition that fruits, like products, can also diminish capital value. Third, the close association of fruits and revenues is becoming untenable. Many types of revenue actually represent the price of a partial alienation and can, consequently, be considered proceeds. Finally, developments both material (like genetic engineering) and intellectual (like moral rights) challenge the idea of property as a thing to use. While the theory of property in Book IV of the C.C.Q. continues to reflect traditional spatio-temporal assumptions, the law of secured transactions in Book VI rests on an alternative vision of property as value. This essay deploys a detailed analysis of the idea of fruits to illustrate how today the Civil Code balances distinctions between fruits, products and accessions (property as thing) on the one hand and between revenues, capital and proceeds (property as value) on the other.

BIALL @ 50 Years: 2010 to date

2019 ◽  
Vol 19 (02) ◽  
pp. 107-108 ◽  
Author(s):  
Narinder Toor
Keyword(s):  
Support Staff ◽  
Law Firm ◽  
The Past ◽  
Key Points ◽  
Information Professional ◽  
Information Professionals ◽  
The Law ◽  
The One

Back in December 2009, I joined Arnold & Porter as an information professional. Working at a law firm that values and celebrates the contributions made by their support staff, has meant that this role has transformed into a very rewarding career. Reflecting on the last 10 years, the one word I would use to sum up law librarianship is expertise. As information professionals, we research and review areas and concepts that are unfamiliar but we are adept at not only pinpointing the key points and issues but conveying them with clarity, certainty and confidence. As well as providing this invaluable support, we guide, inform and advise. Over the past decade, BIALL has remained central to the law librarian community, helping us to navigate the ever changing landscape of the legal sector.

The Science and Law of School Segregation and Diversity

2017 ◽  
Author(s):  
Roger J.R. Levesque
Keyword(s):  
Civil Rights ◽  
Civil Rights Movement ◽  
Legal System ◽  
Ethnic Disparities ◽  
School Segregation ◽  
Negative Effects ◽  
The Past ◽  
Legal Foundation ◽  
The Law ◽  
The One

The law does not square with people’s experiences of segregation and diversity. An empirical look at the legal system’s effectiveness in addressing school segregation reveals, from a practical perspective, that segregation persists and even surpasses levels before the civil rights movement. Yet, the legal system continues as though segregation is a thing of the past. Even more bizarre, the negative effects of racial and ethnic disparities in schooling are well documented, and the legal system compels itself to ignore much of them. To exacerbate matters, legal analysts increasingly interpret the law as a system that operates in a different world than the one documented by researchers who describe disparities and what could be done about them. For their part, researchers pervasively continue to document experiences without considering the legal system’s basic concerns. This book details the source of these gaps, evaluates their empirical and legal foundation, explains why they persist, and reveals what can be done about them.

scholarly journals Australia's Response to Illegal Foreign Fishing: A Case of winning the Battle but losing the Law?

2008 ◽  
Vol 23 (1) ◽  
pp. 95-124
Author(s):  
Rachel Baird
Keyword(s):  
Case Law ◽  
Law Of The Sea ◽  
International Tribunal ◽  
Illegal Fishing ◽  
The Past ◽  
Fishing Vessels ◽  
United Nations Convention ◽  
The Law ◽  
The One ◽  
The Right

AbstractThe right of prompt release has been interpreted by the International Tribunal for the Law of the Sea as a safeguard, balancing the right of the coastal State to detain and deal with arrested fishing vessels and crew on the one hand, with the interests of the flag State to secure the release of detained vessels on the other. As the incidence of illegal fishing within national fishing zones has increased in the past decade, many coastal States, such as Australia, have implemented increasingly harsh penalties aimed at deterring the fishers. One such measure involves the operation of an automatic forfeiture regime whereby the detained vessel, gear and catch are forfeited to the Commonwealth. This regime operates in the absence of any judgement on the merits. This paper examines the details of the Australian legislation in addition to recent case law and concludes that the operation of the automatic forfeiture regime has the potential to upset the balance established in Article 73 of the 1982 United Nations Convention on the Law of the Sea.

Consensual Elements in German Criminal Procedural Law

2014 ◽  
Vol 15 (1) ◽  
pp. 15-42
Author(s):  
Folker Bittmann
Keyword(s):  
Legal System ◽  
Criminal Procedure ◽  
The Other ◽  
The Past ◽  
Procedural Law ◽  
Other Hand ◽  
The Law ◽  
The One

The aim of German criminal procedural law is not to convict the accused at any cost. Even a guilty party can only be convicted if the criminal procedure is held in accordance with the law. If this is not possible, the German legal system accepts the risk of possibly acquitting a guilty party; it finds this more tolerable than the irregular conviction of the culprit. A criminal procedure seeks the truth. Only on the basis of a judicial conviction of the crime and its culprit may a sentence be imposed. This, though, can only be based on the so-calledprocedural truth.On the one hand, the past can never be reconstructed precisely; on the other hand, clarification can only be found through legal means and by following designated paths allowed by procedural law. Therefore, further investigation must cease if it is only possible to proceed by violating procedural law.

scholarly journals The Rule of the Present, Not the Past

Jus Cogens ◽  
2021 ◽  
Author(s):  
Franco Peirone
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Practical Reasons ◽  
Legal Practice ◽  
The Rule Of Law ◽  
The Past ◽  
The Law ◽  
The One ◽  
Law Making ◽  
The Ideal

Abstract There is a perennial ambiguity in the rule-of-law preposition: it predicates that the law shall rule, but which law? This legal loophole has led to a diverse array of interpretations of the concept. Of these, two appear particularly adverse to what the rule of law should primarily be—the rulership of the law—yet still remain dominant. On the one hand, the rule of law is intended to be the vehicle to deliver above-the-law goods such as human rights or other individual entitlements like property, and to forever shield them against any other force, including the law. On the other hand, the rule of law is believed to be a tool at the rulers’ disposal, who make use of the law but are not bound by it, for either legal or practical reasons. In both cases, a pre-legal setting for society allocates rulership to something but not the law, against the very essence of the ideal: an authoritative legal practice for the sake of regulating the present society. As such, the rule of law has to meet certain requirements of craftsmanship, like conditions in law-making and law-enforcement, and sources, which are to be democratically underpinned.

The Rights of the Indigenous Peoples of Brazil: Historical Development and Constitutional Acknowledgment

2018 ◽  
Vol 25 (2) ◽  
pp. 183-209 ◽  
Author(s):  
Pedro Calafate
Keyword(s):  
Indigenous Peoples ◽  
Natural Law ◽  
Historical Development ◽  
The Past ◽  
Federal Constitution ◽  
Law Of Nations ◽  
The Law ◽  
The One

The historical roots of the concept of original rights of the indigenous peoples of Brazil concerning the lands they traditionally occupy, enshrined in Article 231 of the Brazilian Federal Constitution of 1988, refer to the law of nations, taught by Iberian teachers of the 16th and 17th centuries, particularly with regard to the scholastic concept of domain. We also show how the concept of Indigenato, formulated in 1912 by João Mendes Junior, considered over the past decades as the one that best illuminates Article 231 of the Brazilian Constitution of 1988, is entirely founded on this Iberian school of natural law and law of nations, inviting us to a dialogue with the classics.

scholarly journals Laws on Approval of Program-goal Documents: Genre Approach

2020 ◽  
Vol 28 (4) ◽  
pp. 263-277
Author(s):  
Marina Vladimirovna Batyushkina ◽  
Keyword(s):  
Legal Discourse ◽  
Legislative Process ◽  
Program Goal ◽  
The Subject ◽  
Points Of View ◽  
The Law ◽  
Spatio Temporal ◽  
Semantic Types ◽  
Conducting Research ◽  
The One

The article presents the results of a study of the functional, formal and substantive features of the texts of Russian laws, which approve program-goal docments (development strategies, concepts, programs, forecast plans, etc.). The article is based on discourse and genre approaches to the study of legislative texts, the legislative text space as a whole. It is noted that, on the one hand, this type of laws reflects the general features of modeling and transроforming of modern legal discourse; reproduces the institutional aspects of the legislative process; broadcasts legislative intentions, strategies and tactics. On the other hand, laws that approve documents of a program-goal nature have distinctive characteristics that allow defining these laws as a separate subgenre type. The subgenre of law is defined by the author on the basis of the following parameters: (1) intention of the uthor; (2) the purpose and functions of the law; (3) the factor of the subject of legal discourse (author/addressee of the law); (4) spatio-temporal and other circumstantially determining characteristics reflected in the text of the law explicitly or implicitly (who adopted and signed the law, during which period and in which territory it is applied, etc.); (5) type of institutional action; (6) the institutional status of the law within the system of laws; (7) subject-thematic “radius” of the text; (8) formal segmentation of text; (9) features of the correlation of functional semantic types of speech; (10) degree of uniformity, subgenre markers and clichés. The formal and informative structures of program-approving laws are analyzed on the basis of the fol-lowing segments: pretext and post-text details, intra-text components, post-text application (approved document). These segments are analyzed from various points of view: obligation, localization, combinatorics, unification, etc. When conducting research, special attention is paid to structural, typological, comparative and other types of analyzes.

scholarly journals Stability of tillians and impact on the road network: case of the outside basin of Ouergha (Morocco)

2018 ◽  
Vol 149 ◽  
pp. 02052
Author(s):  
I. JAOUDA ◽  
A. AKHSSAS ◽  
L. OUADIF ◽  
L. BAHI ◽  
A. LAHMILI
Keyword(s):  
Road Network ◽  
Human Intervention ◽  
Watershed Scale ◽  
Landsat Images ◽  
The Road ◽  
The Past ◽  
Spatio Temporal ◽  
On The Road ◽  
Using Data ◽  
The One

The study concerns the cartography of the spatio-temporal evolution of the embankments of the road network of the Oued Ouergha watershed using data from the Landsat images on the one hand, and the modeling of soil stability processes. On the other hand. This region experiences an intense destabilization linked to the combination of several natural factors, such as the brutality and the abundance of the precipitations and the outcrop on the marls and limestones of Cretaceous. Human intervention in this vulnerable environment accentuates its fragility through the clearing and degradation of vegetation cover. The analysis of satellite data has shown that the most degraded soils are not necessarily those with the highest rate of erosion over the past fifteen years and that some well-developed soils are unstable areas after clearing and their non-rational exploitation. Human intervention and the choice of road routes sometimes, combined with climate change, remain the most important factors in weakening and increasing the vulnerability of the slopes. The results obtained made it possible to identify and monitor vulnerable zones at the Ouergha watershed scale, where interventions are needed to limit the processes of slope degradation and their impact on the various road access routes in the region.

Al-Rasm al-ʿUthmānī: Towards Correct Pronunciation and the Preclusion of Ambiguity

2011 ◽  
Vol 13 (2) ◽  
pp. 201-171
Author(s):  
Nāṣir Al-Dīn Abū Khaḍīr
Keyword(s):  
Specific Pattern ◽  
Writing Style ◽  
The Third ◽  
The Past ◽  
Different Ages ◽  
Correct Pronunciation ◽  
The One ◽  
The Mind

The ʿUthmānic way of writing (al-rasm al-ʿUthmānī) is a science that specialises in the writing of Qur'anic words in accordance with a specific ‘pattern’. It follows the writing style of the Companions at the time of the third caliph, ʿUthmān b. ʿAffān, and was attributed to ʿUthmān on the basis that he was the one who ordered the collection and copying of the Qur'an into the actual muṣḥaf. This article aims to expound on the two fundamental functions of al-rasm al-ʿUthmānī: that of paying regard to the ‘correct’ pronunciation of the words in the muṣḥaf, and the pursuit of the preclusion of ambiguity which may arise in the mind of the reader and his auditor. There is a further practical aim for this study: to show the connection between modern orthography and the ʿUthmānic rasm in order that we, nowadays, are thereby able to overcome the problems faced by calligraphers and writers of the past in their different ages and cultures.

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