legal authority
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2022 ◽  
Vol 9 (1) ◽  
pp. 26-41
Author(s):  
Kholil Kholil ◽  
Andi Amrullah ◽  
Fahrudin Faiz

This research aimed to see how BAZNAS communicates its authority based on Law 23/2011 to its stakeholders. Zakat management in Indonesia is being regulated by the Law Number 23 of 2011 which replaced Law Number 38 of 1999. The change of regulation was expected to push Zakat collection higher as its great potential, but until 2019 there was no significant change in the amount of Zakat collection. We see the problem in the authority changes that have not working optimally. Thus, this research can help BAZNAS to map out the problems related to the implementation of Law 23/2011. The research used a qualitative approach by conducting in-depth interviews, library and documentation studies. Eleven expert informants were chosen for their connection and understanding of BAZNAS. The results showed that the BAZNAS authority was accepted by all stakeholders even though it did not take place as the prerequisite for the acceptance of Barnard's authority. The changes in authority had been understood by the leaders but only halfway understood by the employees. The changes in the authority were following the vision and mission of BAZNAS. However, they were still not in line with the expectations of many parties. Finally, the changes in the BAZNAS authority were still not fully implemented by BAZNAS stakeholders. The regulatory changes could not be fully implemented yet due to differences in the interpretation of legal authority between each level of BAZNAS.  


2022 ◽  
Vol 21 ◽  
pp. 183-207
Author(s):  
Robert Gleave

In this chapter, I examine the discussion around the rational and moral basis for legal categories in postclassical Imāmī Twelver Shīʿī legal theory. The debate was pushed forward by the Akhbārī movement in the 17th century CE; they proposed a novel position concerning the rational basis for the law in which reason can determine certain moral aspects of an action (e.g., a good action can be recognised by reason, and its performance attracts praise), but not legal elements (e.g., that the performance of a good action deserves a reward beyond praise). This leaves, for them, the Lawgiver (that is, God) to connect the moral aspects of an act with its legal consequences (that is punishment for a morally bad action and reward for a morally good action); that causal connection cannot be made by reason alone. Based on these findings, I conclude that Akhbārī moral theory, often read along literalist lines, showcases an adherence to the Muʿtazilī-derived framework common to the Imāmī Twelver Shīʿī theology and law generally, whilst also reserving ultimate legal authority to God.


Nuclear Law ◽  
2022 ◽  
pp. 205-222
Author(s):  
Laura Rockwood

AbstractIn the light of the occasional challenges in recent years to the legal authority of the International Atomic Energy Agency (IAEA) to verify the correctness and completeness of States’ declarations under comprehensive safeguards agreements, the chapter assesses the law and practice on this issue since the early 1990s. In particular, the chapter focuses right and obligation of the IAEA to verify the correctness and completeness of States’ declarations—one of the most fundamental principles in the implementation of comprehensive safeguards agreements. The chapter provides a detailed textual and historical analysis indicating that, in fulfilling that obligation, the IAEA is not limited to access to information about nuclear material which has been declared by the Agency, or to locations where such material has been declared by the Agency. A contrary interpretation would cause the IAEA to revert to a pre-1991 approach to verification that focused primarily on declared nuclear material, which resulted in the IAEA’s failure to detect Iraq’s undeclared nuclear programme.


Tempo Social ◽  
2021 ◽  
Vol 33 (3) ◽  
pp. 113-145
Author(s):  
Thiago R. Oliveira ◽  
Jonathan Jackson

We review the concepts of legitimacy,  trust, and legal cynicism in the context the debate about police legitimacy,  discuss the extent to which these  concepts relate to each other, and  offer some early, speculative thoughts  on a how relational model of  legitimacy can extend beyond  procedural justice concerns. Relying  upon procedural justice theory, we  emphasise the distinction between police legitimacy and legitimation:  popular legitimacy is defined as public  beliefs that legal authority has the  right to rule (people acknowledge the oral appropriateness of legal  authority) and the authority to govern (people recognise legal authority as  the rightful authority), whereas legitimation is related to the criteria people use to judge the normative appropriateness of legal agents’ exercise of power (e.g., the extent to which police officers are trustworthy to behave in accordance with people’s normative expectations). Building on studies on legal cynicism and legal socialisation, we consider how other aspects of police conduct can send negative relational messages about people’s value within society and undermine their judgements about the legitimacy of legal authority – messages of oppression,  marginalisation, and neglect over the life course. We conclude suggesting avenues for future research on public-police relations.


2021 ◽  
Author(s):  
◽  
Alistair Murray

<p>Despite taking place in putatively “lawless” settings, Melville’s maritime fiction maps complex economies of obligation: characters draw up contracts, extend credit, and broker promissory exchanges for goods among themselves, in spite of the absence of any state or legal authority which would enforce their agreements and thereby guarantee the speculative values they call into being. Instead of being underwritten by the law, these contractual relations are characterised by their affective conditions of possibility. In these works, transacting business with strangers in mobile and itinerant spaces requires characters to develop ways of reading the character and creditworthiness of others in order to suppress suspicion and install confidence in its place. Taking “Benito Cereno” (1855) and The Confidence-Man (1857) as its key texts, this thesis tracks these economies of obligation as they emerge in and around Melville’s maritime fictions, which solicit the credit and trust of their readers while continually revising and renegotiating the terms on which that credit is to be extended. By interpolating spurious or broken contracts between characters into the structure of their narratives, these texts foreground the unstable or even illegible terms of the contract which literary texts make with their readers.</p>


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