The Foundational Lawlessness of the Law Itself: Racial Criminalization & the Punitive Roots of Punishment in America

Empirical researchers and criminal justice practitioners have generally set aside history in exchange for behavioral models and methodologies that focus primarily on crime itself as the most measurable and verifiable driver of American punitiveness. There are innumerable legal and political questions that have arisen out of these approaches. Everything from the social construction of illegality to the politicization of punishment to the stigmatization of physical identities and social statuses have long called into question the legal structures that underpin what counts as crime and how punishment is distributed. And yet, until quite recently, the question of what history has to offer has mostly been left to historians, historically minded social scientists, critical race and ethnic studies scholars, community and prison-based activists, investigative journalists, and rights advocates. What is at stake is precisely the foundational lawlessness of the law itself. At all times, a White outlaw culture that rewarded brute force and strength of arms against racialized others unsettles basic assumptions about how we are to understand criminalization and punitiveness over time: that is, who has counted as a criminal and to what end has the state used violence or punishment?

Errors in the application of language rules of legislative texts formation

Errors in the application of language rules of the legislative texts formation are the result of a complex logical and linguistic process. The rules of logic in texts of law form the basis of a legislative text, and are the framework, on which the legislative text is based on language rules. Compliance with language requirements ensures certainty and consistency, and the logic of the presentation of legal material, in turn, contributes to its accuracy and clarity. The logic of constructing a law is impossible without the logic of its language, and vice versa. The legal ways to eliminate errors in the application of language rules for the formation of legislative texts are: a) the distribution of the whole range of errors in the application of language rules for drafting legislative texts into general, terminological, syntactic and stylistic; b) effective use of legislative techniques as a system of tools and rules for creating laws and their systematization, which must be carried out in accordance with certain rules (legal structures, language tools, digital expressions, rules for setting out the norms of law in articles of law, rules for constructing law, rules of logic etc); c) normative consolidation of the requirements of the legislative style in the form of a hierarchy of division into general and special-legal. The general requirements include: 1) coherence and consistency of legislative texts, the absence of tautological errors; 2) accuracy and clarity, which means the quality of a legisltive text; 3) simplicity of presentation of a legislative text, which means the unambiguity of the text; 4) conciseness and compactness of a legislative text. Special legal requirements give normative quality to a legislative text. Among which it is possible to single out: 1) requirements in the field of nature of the prescription; 2) language standardization as an independent requirement for a legislative text; 3) the requirement of composition (graphicity) of a legislative text

KENDALA PENEGAKAN HUKUM TINDAK PIDANA KORPORASI DALAM BIDANG PERPAJAKAAN DI INDONESIA

The subject of Tax Law is an individual (person) and a Legal Entity or Corporation. In the enforcement of tax law, there are often deviations from the Tax Law, both committed by individuals and corporations. Efforts to resolve these irregularities for person actors are easier to resolve in accordance with applicable law, but for corporate actors there are many obstacles. What is this obstacle, is revealed through research. The research was carried out with the type of juridical nomative research, the nature of the research was descriptive. The dominant data source is secondary data, which includes primary legal materials, secondary legal materials and tertiary legal materials. The results of the study indicate that the obstacles that arise in law enforcement against corporations are caused by weaknesses in legal substance, weaknesses in legal structures, weaknesses in legal culture and weaknesses in procedural law.

The Problems of Regulating the Repayment of Claims of Bankruptcy Creditors in the Course of Bankruptcy Proceedings and the Application of the Institution of Offset of Homogeneous Counterclaims

Introduction: the main goal of bankruptcy is satisfaction of creditors’ claims. In this connection, the legislator, based on the requests of law enforcement practice, must make changes to the current legislation, including the legalization of other ways to replenish the debtor’s bankruptcy estate. The author identifies the purpose of the study as a justification for the legislative consolidation of the possibility of legal succession by a particular person of the rights of bankruptcy creditors after the repayment of the latter’s claims. Methods: the methodological framework for the study is a set of methods of scientific cognition, among which the main ones are the methods of system, analysis, and comparative law. Results: the author’s position justified in the work is based on the needs of the institution of bankruptcy. Based on the analysis of the current legislation and the established law enforcement practice, the author shows the shortcomings of the existing legal structures used to repay creditors’ claims. Conclusions: the author proposed a variant of repayment of the claims of bankruptcy creditors by a third party, which is fundamentally different from the legally fixed structures and based on the possible subrogation of the transfer of the rights of bankruptcy creditors to it.

Silence as Self-care: Pregnant Adolescents and Adolescent Mothers Concealing Paternity in Mahama Refugee Camp, Rwanda

In Rwanda, sexual activity with and among adolescents under the age of 18 is a criminal offence. This is justified to reduce abuse and adolescent pregnancies. Despite this, the Burundian Mahama refugee camp in Rwanda is registering an escalating pregnancy rate among girls 13 to 15 years old. Drawing on ethnographic research conducted from December 2017 to April 2018, this paper shows how pregnant adolescents and adolescent mothers navigate punitive legal structures to protect their baby’s father by concealing his identity. In a challenging socioeconomic context with limited opportunities, silence provides pregnant adolescents and adolescent mothers with a strategy to protect their boyfriends from jail and to access humanitarian assistance available to single mothers. I suggest that silence can be a self-care strategy to negotiate and navigate temporalities as they seek to manage the circumstances in which they find themselves, whilst hoping for a better future for themselves and their children.

Tax Optimization of Hedge Funds

This chapter discusses the major legal structures available for hedge fund investing, and how different categories of investors— taxable US investors, tax-exempt US investors, and non-US investors—may use these to reduce the risk of double or triple taxation. Although sometimes complex, these structures allow investors to enjoy the benefits of characteristics inherent in hedge fund investments while being taxed as if they owned the same assets directly.

Mobility in the development of global legal education as a metacultural component

Возможности становления и развития образования в сфере юриспруденции позволяет говорить о том, что юрист как профессионал может быть не только ограничен юрисдикцией, в которой осуществляет свою профессиональную деятельность, но также и выступать как источник имплементации в законодательство новых правовых конструкций. В число таких относят инновации в закреплении права собственности, в области семейных и трудовых отношений, а также реализуемых положений по внешней политики в рамках самого государства. Новизна исследования определяется тем, что юридическое образование под собой понимает не только возможность осуществления юристами свой профессиональной деятельности, но также и формирование новой правовой среды, в которой протекает развитие уже национального законодательства. Авторы показывают, что возникновение юридического образования исторически обусловлено интеллектуальной мобильностью, а следовательно, может реализовываться как источник привнесения культурного компонента в текущую среду социального типа и обеспечить ее устойчивость в будущем. Практическая значимость исследования определяется тем, что возможность обеспечения межкультурного компонента прежде всего формируется на основе применения правовых конструкций в условиях соблюдения законности в обществе в целом. The possibilities of formation and development of education in the field of jurisprudence suggests that a lawyer as a professional can not only be limited to the jurisdiction in which he carries out his professional activity, but also act as a source of implementation of new legal structures into legislation. These include innovations in the consolidation of property rights, in the field of family and labor relations, as well as implemented provisions on foreign policy within the state itself. The novelty of the research is determined by the fact that legal education means not only the possibility of lawyers to carry out their professional activities, but also the formation of a new legal environment in which the development of national legislation is already taking place. The authors show that the emergence of legal education is historically conditioned by intellectual mobility, and therefore can be implemented as a source of introducing a cultural component into the current social type environment and ensure its sustainability in the future. The practical significance of the study is determined by the fact that the possibility of ensuring an intercultural component is primarily formed on the basis of the application of legal structures in conditions of compliance with the rule of law in society as a whole.

Comparison of Indonesian and Malaysian Legal Systems in Rules, Traditions, and Community Behavior

This article aims to compare the legal system in Indonesia with the legal system in Malaysia by looking at the similarities and differences between the two countries legal systems. In this paper, we use a normative juridical approach, which is to examine the laws and regulations as well as the attitudes and behavior patterns of citizens towards the law and legal system in force in a country based on secondary legal sources consisting of legislation and other related documents. The results of the discussion conclude that in general both Indonesia and Malaysia have similarities in terms of: (1) The structure of the highest judicial institution along with the judicial institutions below it as well as the implementing institutions of statutory regulations. (2) Regulations, rules and real behavior patterns in various fields of life of the citizens concerned. (3) Attitudes towards the law and the legal system of citizens are in the form of beliefs, values, awareness, ideas and hopes that make the legal process work. Meanwhile, specifically between Indonesia and Malaysia have differences due to: (1) Legal structures influenced by local or domestic and global legal traditions. (2) Legislative regulations whose formulation is influenced by local or domestic and global legal traditions. (3) The legal process runs according to the situation, conditions and problems faced by the country concerned.Keywords: Comparison of the legal system, the legal system in Indonesia, the legal system in Malaysia.

Jews in the Polish-Lithuanian Commonwealth

One of the hallmarks of modern diaspora studies is the dichotomy of a “homeland” and “hostland” in relation to a diasporic group. The history of Jews in the Polish-Lithuanian Commonwealth complicates these contemporary categories. The multi-ethnic and multi-cultural Commonwealth was a homeland for Polish Jews. They formed an integral part of its social, cultural, and economic fabric, even as they identified and were identified as Jews. In a pre-modern world, with legal structures grounded in distinct estates, identities were also inscribed in law. Jewish judicial and communal autonomy was a product of the Jews’ legal status. In Poland-Lithuania, Jewish autonomy developed mimicking the governing structures of the Commonwealth itself. Polish Jews were, thus, a part of a larger real and imagined Jewish community whose homeland was Poland.