scholarly journals Presumptions for Acquisition of Right to Build

2020 ◽  
Vol 10 (10) ◽  
Author(s):  
Muhamed Lišić
Keyword(s):  
Critical Review ◽  
Legal Theory ◽  
Social Needs ◽  
Theory And Practice ◽  
Inductive Method ◽  
Legal Relationship ◽  
Basic Hypothesis ◽  
The Right ◽  
Abstract Method

The right to build as a legal phenomenon from time to time leads to the need to analyze how existing solutions or solutions are subsequently imposed by special regulations on right to build. All of this stems from the premise that the right to build is a dynamic category that changes according to social needs in social and economic terms, which necessarily results in its legal adaptation. Such processes, through which the right of construction passes, undergoe the traces which have the need to be re-examined and analyzed as a phenomenon from the aspect of legal theory and practice. Therefore, the aim of this paper is to address the segment that essentially has the presumptions for the acquisition of right to build, which arise from the causal legal relationship underlying the right to build. Presumptions for the acquisition of right to build are determined for the basic hypothesis, which will be elaborated by analysis and critical review of individual cases, and an explanation of the legal phenomenon regarding the presumptions for the acquisition of right to build, using the theoretical-normative method or the deductive-inductive method with the aim of clarification of the problem of legal presumptions in the emergence of right to build. In addition, a comparative or abstract method was used in explaining the facts as the premise of the determination and nature of the presumptions for acquisition the right to build.

The Problem of the Right to Trial: The Theory and Practice of Dualism and Interaction between Substantive and Procedural Law

2021 ◽  
Vol 16 (12) ◽  
pp. 79-97
Author(s):  
E. E. Uksusova
Keyword(s):  
Theory And Practice ◽  
Regulation Mechanism ◽  
Legal Proceedings ◽  
Procedural Law ◽  
Legal Relationship ◽  
Civil Proceedings ◽  
Administration Of Justice ◽  
The Right ◽  
Judicial Protection

Continuing the study of specialization of Russian civil procedural law, the author, based on the invariable perspective of its action, namely: a standardized court procedure of civil proceedings in administration of justice in a certain civil case and protection of the right, dwells on certain issues of its structural and functional characteristics — classification of procedural norms, mechanism of procedural regulation, mechanism of procedural legal relationship, etc. Through the context of the principle of dispositiveness, when clarifying the scope of its action and content as the legal beginning of legal proceedings (its leading element is the right to trial leading to the interaction of substantive and procedural law in the course of judicial protection of the right), the author analyzes and reveals the content, substantiates connections and relations between various interdisciplinary phenomena of law (a claim, the right to claim, etc.). The latest jurisprudence illustrates the importance of the conceptual legal apparatus for the development of legal science, law and improvement of its implementation in the Russian legal order.

scholarly journals Circumstances Excluding Criminality of an Act in the Light of the General Theory of Law

Lex Russica ◽  
2020 ◽  
pp. 62-70
Author(s):  
A. V. Savinskiy
Keyword(s):  
General Theory ◽  
Criminal Law ◽  
Legal Theory ◽  
Criminal Code ◽  
The State ◽  
Theory And Practice ◽  
Actual Problem ◽  
Theory Of Law ◽  
The Individual ◽  
The Right

The paper is devoted to an actual problem of the legal theory and practice, namely: the institution of circumstances excluding criminal nature (criminality) of an act (Chapter 8 of the Russian Criminal Code). As a manifestation of criminal and legal compromise steadily strengthening its position in domestic criminal legislation, this legal phenomenon is intended to encourage citizens to commit actions that contribute to localization or minimization of threats to the interests of the individual, society and the state protected by the law. At the same time, despite seemingly clear legislative enactment, the institution of circumstances precluding the criminal nature of an act evokes hot scientific debates. Among forensic scientists there is no uniform opinion concerning the legal nature of the criminal law institution as a whole and some of the individual types of circumstances constituting the institution under consideration, in particular. The legal literature substantiates the idea of the need to expand the legislative list of such circumstances. Investigators and judges often face difficulties in practical application of the rules enshrined in articles of Chapter 8 of the Criminal Code (especially provisions concerning necessary defense, extreme necessity, reasonable risk). The reasons for theoretical and practical problems related to the circumstances excluding the criminal nature of the act are largely preconditioned by the insufficient research of the institution under consideration in the general theory of law. This fundamental theoretical legal science lacks general legal equivalents of the criminal law concepts “criminality of the act”, “circumstances excluding criminality of the act.” It is proposed to introduce into scientific circulation the general legal equivalent of the concept “criminality of the act” — “delinquency of the act”, representing the set of such features of the offense as public harm, wrongfulness, culpability and punishability. This new legal design will allow us to investigate the phenomenon of circumstances excluding criminality of the act in the light of a general theory of law, to determine the possibility and limits of their subsidiary application in various branches of law. Thus, categories of circumstances excluding criminal, administrative, civil. disciplinary delinquency of acts will acquire the right to exist in differnt legal sciences and relevant branches of law. This, in turn, will contribute to improving the effectiveness of protection of rights, freedoms and legitimate interests of the individual, ensuring the interests of the society and the state.

scholarly journals KEKUATAN AKTA NOTARIS DALAM MENJAMIN HAK KEPERDATAAN

2017 ◽  
Vol 3 (1) ◽  
pp. 85
Author(s):  
Rahmawati Boty
Keyword(s):  
Civil Rights ◽  
Legal Theory ◽  
Legal Subject ◽  
Legal Power ◽  
Legal Relationship ◽  
Or Practice ◽  
The Right ◽  
And Function ◽  
Legal Subjects ◽  
Role And Function

Notarial Deed is be able guarantee the civil rights of the legal subject, after authentic agreement and determination, so that there is no approval of the cancellation of the parties, the right of civilization of the legal subject can not be contested. The type of research conducted is a Normative Juridical legal research which is about what becomes the Strength of Notarial Deed in guaranted the Right of civilization. This research have The role and function of the Notary deed to the legal relationship between legal subjects is to formalizd the contents. The legal power of notarial deed if used as a means of verification in civil cases is as perfect or formal evidence. Losses in the responsibility of a notary when doing negligence to the client. Notary's role in making deed either in legal theory or practice is Notary also assigned to do registration and validated the letters / deeds made under the hand.

scholarly journals TWAIL and the “Unwilling or Unable” Doctrine: Continuities and Ruptures

AJIL Unbound ◽  
2015 ◽  
Vol 109 ◽  
pp. 266-270 ◽  
Author(s):  
Ntina Tzouvala
Keyword(s):  
International Law ◽  
Third World ◽  
Legal Theory ◽  
Use Of Force ◽  
Theory And Practice ◽  
History Of ◽  
Scope Of Application ◽  
Political Commitments ◽  
The Right ◽  
United Nations Charter

Given the long history of violent encounters between the Global North and the Global South, legal arguments concerning the use of force are a fertile ground for testing the virtues and limits of Third World Approaches to International Law (TWAIL) as a theory aspiring to “address the material and ethical concerns of Third World peoples.” This essay examines the usefulness and limits of TWAIL in the context of the “unwilling or unable” doctrine currently promoted by a series of Western scholars and states in order to expand the scope of application of the right to self-defence under Article 51 of the United Nations Charter. Adopting TWAIL’s impulse to historicize, this essay argues that the structure of this doctrine closely replicates the “standard of civilization” that informed international legal theory and practice throughout the nineteenth century. At the same time, widespread resistance to the “unwilling or unable” doctrine indicates that the profound transformation of international law on the use of force after 1945 and the diffusion of sovereignty outside the West put into question certain methodological and political commitments of TWAIL.

Art, Idleness and Food: The Ethics of War Communism and the Origins of Production Art, 1918–1919

2019 ◽  
Vol 29 (1) ◽  
pp. 273-287
Keyword(s):  
Theory And Practice ◽  
State Institutions ◽  
Early Production ◽  
Policy Measures ◽  
Soviet Ideology ◽  
The Right ◽  
The Impact ◽  
The City ◽  
Further Development ◽  
Theory Of Production

The article examines the impact of the discourses concerning idleness and food on the formation of “production art” in the socio-political context of revolutionary Petrograd. The author argues that the development of the theory and practice of this early productionism was closely related to the larger political, social and ideological processes in the city. The Futurists, who were in the epicenter of Petrograd politics during the Civil War (1918–1921), were well acquainted with both of the discourses mentioned, and they contrasted the idleness of the old art with the dedicated labor of the “artist-proletarians” whom they valued as highly as people in the “traditional” working professions. And the search for the “right to exist” became the most important goal in a starving city dominated by the ideology of radical communism. The author departs from the prevailing approach in the literature, which links the artistic thought of the Futurists to Soviet ideology in its abstract, generalized form, and instead elucidates ideological influences in order to consider the early production texts in their immediate social and political contexts. The article shows that the basic concepts of production art (“artist-proletarian,” “creative labor,” etc.) were part of the mainstream trends in the politics of “red Petrograd.” The Futurists borrowed the popular notion of the “commune” for the title of their main newspaper but also worked with the Committees of the Rural Poor and with the state institutions for procurement and distribution. They took an active part in the Fine Art Department of Narkompros (People’s Commissariat of Education). The theory of production art was created under these conditions. The individualistic protest and “aesthetic terror” of pre-revolutionary Futurism had to be reconsidered, and new state policy measures were based on them. The harsh socio-economic context of war communism prompted artists to rethink their own role in the “impending commune.” Further development of these ideas led to the Constructivist movement and strongly influenced the extremely diverse trends within the “left art” of the 1920s.

Universal Health Coverage

2017 ◽  
Author(s):  
Joia S. Mukherjee
Keyword(s):  
Health Care ◽  
Universal Health Coverage ◽  
Poor Quality ◽  
Theory And Practice ◽  
Health Coverage ◽  
Quality Health Care ◽  
The Sustainable Development ◽  
Quality Health ◽  
The Right ◽  
Universal Health

This chapter explores the seminal topic of Universal Health Coverage (UHC), an objective within the Sustainable Development goals. It reviews the theory and definitions that shape the current conversation on UHC. The movement from selective primary health care to UHC demonstrates a global commitment to the progressive realization of the right to health. However, access to UHC is limited by barriers to care, inadequate provision of care, and poor-quality services. To deliver UHC, it is critical to align inputs in the health system with the burden of disease. Quality of care must also be improved. Steady, sufficient financing is needed to achieve the laudable goal of UHC.This chapter highlights some important steps taken by countries to expand access to quality health care. Finally, the chapter investigates the theory and practice behind a morbidity-based approach to strengthening health systems and achieving UHC.

scholarly journals Characterization of Spatial Planning in Brazil: The Right to the City in Theory and Practice

2019 ◽  
Vol 34 (4) ◽  
pp. 419-437 ◽  
Author(s):  
Roberto Rocco ◽  
Luciana Royer ◽  
Fábio Mariz Gonçalves
Keyword(s):  
Spatial Planning ◽  
Theory And Practice ◽  
Right To The City ◽  
The Right ◽  
The City

A critical review of the paper ‘The earliest datable noctilucent cloud observation (Parma, Italy, AD 1840)’

The Holocene ◽  
2020 ◽  
Vol 30 (8) ◽  
pp. 1220-1221
Author(s):  
Peter Dalin
Keyword(s):  
Critical Review ◽  
Theory And Practice ◽  
Noctilucent Clouds ◽  
Noctilucent Cloud ◽  
The University

In the present critical review, my aim is to address serious calculation mistakes made by the authors. I do not want to review their interpretation of a given observation on 18 June 1840 made by Antonio Colla, who was a professor of Astronomy and Meteorology at the University of Parma. There is no sense interpreting Colla’s observation since the basic astronomical calculations have been made incorrectly by the authors Chiara Bertolin and Fernando Domínguez-Castro. Summarizing, in theory and practice, astronomer Antonio Colla could not have observed noctilucent clouds (NLC) at Parma on 18 June 1840. That is why the conclusions of the present paper are not valid.

scholarly journals Understanding the geography of affordable housing provided through land value capture: Evidence from England

Urban Studies ◽  
2021 ◽  
pp. 004209802199889
Author(s):  
Alexander Lord ◽  
Chi-Wan Cheang ◽  
Richard Dunning
Keyword(s):  
Affordable Housing ◽  
Theory And Practice ◽  
Land Values ◽  
Land Value ◽  
Local Planning ◽  
Development Activity ◽  
Value Capture ◽  
Dual Approach ◽  
The Right ◽  
Community Infrastructure

Governments the world over routinely undertake Land Value Capture (LVC) to recover some (or all) of the uplift in land values arising from the right to develop in order to fund infrastructure and public goods. Instruments to exact LVC are diverse but are usually implemented independently. However, since 2011 England has been experimenting with a dual approach to LVC, applying both a tariff-style levy to fund local infrastructure (the Community Infrastructure Levy) and negotiated obligations, used primarily to fund affordable housing (Section 106 agreements). In this article we employ a difference-in-differences (DID) method to identify the interaction of these two instruments available to local planning authorities. We explore the question of whether the Community Infrastructure Levy ‘crowds out’ affordable housing secured through Section 106 planning agreements. In so doing we show that the interaction of these two approaches is heterogeneous across local authorities of different types. This raises questions for understanding the economic geography of development activity and the theory and practice of Land Value Capture.

Kelsen – Which Kelsen? A Reapplication of the Pure Theory to International Law

2009 ◽  
Vol 22 (2) ◽  
pp. 225-249 ◽  
Author(s):  
JÖRG KAMMERHOFER
Keyword(s):  
International Law ◽  
Legal Theory ◽  
Pure Theory ◽  
Municipal Law ◽  
Hans Kelsen ◽  
Theory Of Law ◽  
The Right ◽  
Relationship Of ◽  
The Relationship ◽  
Legal Theorist

AbstractHans Kelsen is known both as a legal theorist and as an international lawyer. This article shows that his theory of international law is an integral part of the Kelsenian Pure Theory of Law. Two areas of international law are analysed: first, Kelsen's coercive order paradigm and its relationship to the bellum iustum doctrine; second, the Kelsenian notion of the unity of all law vis-à-vis theories of the relationship of international and municipal law. In a second step, the results of Kelsenian general legal theory of the late period – as interpreted and developed by the present author – are reapplied to selected doctrines of international law. Thus is the coercive order paradigm resolved, the unity of law dissolved, and the UN Charter reinterpreted to show that the concretization of norms as positive international law cannot be unmade by a scholarship usurping the right to make law.

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