The Case of Legal Certainty, an Uncertain Transplant Process in France

2021 ◽  
Vol 14 (1) ◽  
pp. 95-119
Author(s):  
Emilie Chevalier
Keyword(s):  
Fundamental Principle ◽  
Legal Order ◽  
Legal Certainty ◽  
Administrative System

The reception of the fundamental principle of legal certainty in France shows how the characteristics of the French administrative system have consequences for the development and consideration of this principle. An analysis of the transplantation process reveals that it has been largely prepared, knowingly or unknowingly, to allow the principle of legal certainty to find at least a partial place in the French administrative system. It also shows the central role of the administrative judge in this process which led to the adaptation of the principle of legal certainty to the French legal order, and vice versa.

Pengatuan Hukum Terhadap Narkotika Jenis-Jenis Baru yang Belum Terdaftar

2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Rizky Maulana Hakim
Keyword(s):  
Hazardous Materials ◽  
Legal Certainty ◽  
Next Generation ◽  
The Law

We realize that in the community, it is still close to the night world which can plunge the nation's next generation, through drinking, gambling, and especially Narcotics. There are many rules related to this problem, it is still possible that the minimum knowledge of the community is what causes users to become victims of the rigors of using drugs.In discussing this paper, we will take and discuss the theme of "Legal Certainty and Role of Laws on Narcotics (Narcotics and Drugs / Hazardous Materials) by Users and Distributors." The purpose of accepting this paper is, first, to be agreed by the reader which can be understood about the dangers that need to be discussed regarding the subjectivity of the drug itself; secondly, asking the reader to get a clue about actually addressing the urgency about the distribution of drugs; round, which is about knowing what the rules of the law and also the awareness in the surrounding community.Keywords: Narcotics, Role of Laws, Problem, Minimum Knowledge, awareness

Hume’s System of Space and Time

2010 ◽  
Vol 13 (1) ◽  
pp. 76-89 ◽  
Author(s):  
Angela M. Coventry
Keyword(s):  
Fundamental Principle ◽  
Space And Time ◽  
The Relationship

Hume’s account of the origin and nature of our ideas of space and time is generally thought to be the least satisfactory part of his empiricist system of philosophy. The main reason is internal in that the account is judged to be inconsistent with Hume’s fundamental principle for the relationship between senses and cognition, the copy principle. This paper defends Hume against the inconsistency objection by offering a new systematic interpretation of Hume on space and time and illuminating more generally the role of the copy principle in his philosophy. Humes Theorie des Wesens und des Ursprungs unserer Vorstellungen von Raum und Zeit wird generell zu den am wenigsten befriedigenden Teilen seiner empiristischen Philosophie gezählt. Der Hauptgrund dafür ist werkimmanent: Die Raum- Zeit-Theorie einerseits und Humes „copy principle“ andererseits – d.h. dasjenige Fundamental-Prinzip, das die Relation zwischen unseren Sinnen und unserem Denken regelt – werden als miteinander inkonsistent erachtet. Dieser Beitrag bietet eine neue, systematische Interpretation der Raum-Zeit-Lehre Humes und eine umfassendere Darstellung der Rolle des „copy principles“ in seiner Philosophie an. Auf diese Weise wird Hume gegen den Vorwurf der Inkonsistenz verteidigt.

Rola uzasadnienia sądowego w realizacji prawa do rzetelnego procesu sądowoadministracyjnego– standard strasburski

2014 ◽  
pp. 13-31
Author(s):  
Katarzyna Grzelak-Bach
Keyword(s):  
Human Rights ◽  
Legal Reasoning ◽  
Case Law ◽  
Legal Order ◽  
European Court ◽  
Protection Of Human Rights ◽  
Judicial Proceedings ◽  
Court Proceedings ◽  
Basic Level

Following a brief introduction of article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the author begins by analyzing case law from the European Court of Human Rights regarding the legal reasoning in judicial proceedings. The main premise of this paper is to present a formula for preparing legal reasoning in administrative court proceedings. The author draws attention to the role of judges who, in the process of adjudication, should apply creative interpretation of the rules of law, when they see errors or omissions in legislative provisions, or blatant violations of the European legal order. The conclusion of those deliberations finds, that the process of tailoring the approach to meet Strasbourg’s requirements should, on a basic level, be at the discretion of judges rather than the legislators.

A rationale for the legitimacy of the world legal order: Kant’s idea of a cosmopolitan will

2020 ◽  
Vol 9 (3) ◽  
pp. 523-530
Author(s):  
CLAUDIO CORRADETTI
Keyword(s):  
Human Rights ◽  
Legal Order ◽  
European Court ◽  
The World ◽  
Global Constitutionalism

AbstractIn this contribution I provide an interpretation of Stone Sweet’s and Ryan’s cosmopolitan legal order in conjunction with a certain reconstruction of the Kantian cosmopolitan rationale. Accordingly, I draw attention to the connection between the notion of a general (cosmopolitan) will in Kant’s reinterpretation of Rousseau and the role of the European Court of Human Rights (ECtHR) as an ‘interpreter’ of such will. I conclude by suggesting that the opportunity of extending the CLO also accounts for a variety of other poliarchical regimes that, taken as a whole, illustrate the landscapes of contemporary global constitutionalism.

scholarly journals Contract farming in Brazil – an approach to Law and Economics

2017 ◽  
Vol 13 (1) ◽  
pp. 95-122 ◽  
Author(s):  
Kassia Watanabe ◽  
Nunziata Stefania Paiva ◽  
Ana Elisa Bressan Smith Lourenzani
Keyword(s):  
Agricultural Production ◽  
Applied Research ◽  
Law And Economics ◽  
Production Systems ◽  
Complete Information ◽  
Legal Certainty ◽  
Contract Farming ◽  
Economic Agents ◽  
Means Of Production

Abstract Contract farming is based on agreements settled prior to the farmer deciding about agricultural production, and influence their judgment regarding inputs and production systems. Therefore, they provide means of production coordination and safety for both farmer and agro-industry/distributor. However, contract farming has its gaps since it is written in abscence of complete information, due to the behavioral assumption of bounded rationality of economic agents. A specific law might generate legal certainty for economic agents, insofar as the Judiciary fulfills the contractual gaps. From the other side, private agents may also fulfill the contractual gaps. As an effort to understand the role of institutions in contract farming, this study aims to analyze the Bill 6,459/2013, which intends to rule contract farming and takes private instituctions into account, through the agency of the Monitoring, Development and Reconciliation of Integration Committee (Cadec). This is an applied research with qualitative approach. The research concludes that the approval of bill might lead to effective typical law for contract farming, provided that the creation of Cadec is encouraged.

scholarly journals The reform of Byzantine military and territorial organization under Justinian II

2016 ◽  
pp. 17-46
Author(s):  
Milos Cvetkovic
Keyword(s):  
Administrative System ◽  
Thematic Units ◽  
Territorial Organization ◽  
Long Time ◽  
Late Roman

This paper offers a contribution to the research of the initial stages in the evolution of the thematic system. It focuses on the role of Emperor Justinian II in the formation of the new imperial military and territorial organization. Byzantine scholars have determined a long time ago that it is Justinian II who should be credited with the founding of new military districts (themes) in Hellas and Sicily. This paper, however, suggests that the formation of the themes in Thrace and Kibyrrhaiotai could also be considered a part of Justinian?s policy. In addition, the paper aims to highlight Justinian?s role in the formation of the frontier military and administrative system (the kleisourai of Strymon and Cappadocia), as well as in the reform of military and territorial organization in the Aegean basin. By creating new army units which were not based on the Late Roman heritage, Justinian essentially abandoned the principles that the Byzantine army had previously functioned on. Finally, the paper highlights the fact that the establishment of new thematic units under Emperor Justinian II was coupled with his extensive colonization measures.

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