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2022 ◽  
Vol 04 (01) ◽  
pp. 543-556
Author(s):  
Muhammet ABAZOĞLU

Divan Scribe is a very old profession and it is said that it was one of the highest and most ‎respected statures among worldly affairs, after the caliphate, when their positions in the state policy ‎and judicial affairs are taken into account. Most of the time, the profession of the Divan Scribe was ‎an important step to enter politics, as well as an important tool for reaching high positions such as ‎Vizier. In general, Divan Scribes had a special role serving the Arab culture during the Abbasid ‎period. Because the writing style of the Scribes had both lofty ideas and beautiful expression. As a ‎matter of fact, as required by their statures, these people developed a dual-character expression that ‎both emphasized the goals of the orders given from the administration and had the characteristics of ‎Arabic rhetoric in the literal sense of the word. Their language was not a dry administrative ‎language, on the contrary, it had brought together the requirements of the administrative language ‎and the artistic beauties of the word. This study sheds light on the relations of the Divan Scribes ‎with politics and the importance of this position during the Abbasid period. Again, in this study, the ‎connection of the art of scribe with the vizier and the contributions of the scribes in service to the ‎Arab-Islamic culture and especially in political thought are discussed despite the political crisis and ‎troubles faced by the scribes.‎


2021 ◽  
Vol 8 (4) ◽  
pp. 329-355
Author(s):  
Mahr Abdulsalam Khalil ◽  
Hassan Hussein Sediq ◽  
Yusef Abdulrahman Muhammad

Genetic engineering represents the essence of modern scientific developments, rather, it is an essential branch in the contemporary biological revolution, which has become the subject of astonishment and hopes for human life. It plays an effective and influential role in all fields of life, such as science, agriculture, medicine, the environment, animals, and in the field of security and space as well, Therefore, the judiciary tried to benefit from it, And makes it within his service, especially in the field of judicial investigations, establishing lineage and revealing criminal files such as sexual rape, murder and kidnapping, which is done through the use of DNA analyses of human cells known as DNA tests of genetic material as a judicial presumption in order to use it in establishing clear legal, social and legal cases, this is due to the rare and explicit scientific characteristic possessed by the genetic structure of the DNA that is present on chromosomes, the genetic material of all cells of the human body, and it performs the function of inferring a single identity, the personal confidentiality of each individual, which is transmitted through heredity naturally and automatically from both parents for children and grandchildren, it expresses and represents, on its part, the biological characteristics and personal identity of each individual.


2020 ◽  
Vol 46 ◽  
pp. 8-24
Author(s):  
Irena Valikonytė

The discussion on the legal power of documents generated by the researchers exploring the written culture of the Grand Duchy of Lithuania in the fifteenth and sixteenth centuries invites for a more detailed analysis of the usage of a written document in the legal process, the chronology of its legal regulation, the document’s place in the system of evidence as well as its meaning in the legal consciousness of the nobles. The legal proceedings and rulings recorded in the judicial affairs books incorporated into the Lithuanian Metrica reveal the process when, with the development of the written culture and the increase of the demand for documents in the state’s internal affairs, the written document evolved into an independent and sound legal evidence in the judicial process. In the civil cases, primarily concerning the land ownership, the legal power of a written document was recognized already in the middle of the fifteenth century (although there was no peremptory requirement to present written documents in the judicial process), and approved by the extended edition of the First Statute of Lithuania. In the late fifteenth and early sixteenth centuries, the long-lived “colorful robes of justice” (the oath, the gesture, the placing of one’s cap) were replaced in the system of legal evidence by written documents which, from then on, were considered as more reliable evidence than a personal oath, and, in some cases, even a testimony. Eventually, this view found its place in the consciousness of the nobles who documented their transactions and used documents to solve legal conflicts. Moreover, in Lithuania, unlike in the Kingdom of Poland, the judges considered not only the public, but also the legitimate private documents as legal evidence of equal importance. Although, the hierarchy of legal evidence, that prioritized the documents was embedded only in the Second Statute of Lithuania (chapter IV article 52, entitled “On evidence and defense” (O dovodech i otvodech), the analysis of sources allows to decisively affirm that the main source of the aforementioned article was the practice of the courts in the late fifteenth and early sixteenth centuries.


2020 ◽  
Vol 2 ◽  
pp. 12-23
Author(s):  
L. L. Kofanov ◽  

The article deals with the problem of fragmentation of international law on the example of the collision of jurisdictions of two main courts that operated in the field of international disputes in Rome of V–III centuries BC: the court of the Senate and the court of the people. Starting from the characteristics of the judicial functions of the Senate and the people of Polybius, the author distinguishes three periods of confrontation between the courts of the Senate and people in V–III centuries BC. The first period, from the beginning to the middle of V century BC, characterized by the fact that the patrician Senate did not recognize the authority of the court of the people. However, the case 446– 442 BC showed that the Senate court finally recognized the supremacy of the people's court. The second period, from the middle of the V to the beginning of the III centuries BC, represented by the cases of 446 and 391 BC, is characterized by the dominance of the people's court, which, however, in comparison with the senatorial court showed its low professional qualities: ignorance of international law and arbitration and making decisions based on their own interests, ignoring the legitimate interests of other peoples, neglect of the professional knowledge of the fathers-senators. The third period, from the middle of the III century BC to the last quarter of the II century BC, represented by the case of 204 BC, shows that the court of the people finally recognized the authority and professionalism of the senatorial jurisdiction in international law, which allowed Polybius to speak about the non-interference of the people in the judicial affairs of the Senate. However, the Senate case of 204 BC is one of the first examples of the prosecution of Roman magistrates brought to trial on charges of Roman-allied city-States. In conclusion, the author considers Cicero's recommendations for overcoming fragmentation in the activities of the two courts. As regards Senators, he advised them to maintain high moral and professional level, and the people's suffrage in tribunal he advises to rely on the opinion of optimaton, the most authoritative from the point of view of morals and professional qualities.


2019 ◽  
Vol 1 (1) ◽  
pp. 230-271
Author(s):  
Georges Martyn

From a historical and anthropological point of view, there is a close link between religion and the judicial function, in many cultures throughout the world. How could man be competent to judge his equals if he was not empowered to do so by God? In many cultures, originally, the same ‘functionaries’ administer both religious and judicial affairs. In medieval Europe, Christian faith and the Roman Catholic Church play a role of paramount importance in the heart of society, not only for the mere religious services, but also in politics and culture. The influence of the Church on justice administration (both via its own courts and via its interference in secular courts) is enormous. Religious texts are used as legal arguments,2 but also to legitimate the judicial function and its decision makers. And not only texts! Also (religious) images are vehicles of legitimation. The Last Judgment, in the first place, is omnipresent, in manuscripts and printed books, but also as a classical decoration for justice halls. This article looks at a number of concrete examples from art history, and tries to describe and analyse how both the divine word and image were used to legitimize the emerging ‘modern’ courts of Princes and cities. These courts, using the Romano-canonical procedure, are the forerunners of the present day judiciary. Today’s court setting, the use of red robes and green curtains, or the ritual of the oath, are just some remaining, observable aspects of an age-old charismatic, because divine, legitimation, using images as vectors of meaning.


2019 ◽  
Vol 19 (3&4) ◽  
pp. 102
Author(s):  
Hossein Shamsi Gooshki ◽  
Seyyed Hassan Abedian Kalkhoran ◽  
Seyyed Mohammad Mahdi Ahmadi ◽  
Abolfazl Khoshi ◽  
Hassan Goodarzi

<p>The death of the cerebral cortex is a particular type of brain death that occurs after the destruction of the cerebral cortex (the hemispheres of the brain). It is said that the individual has gone through a vegetative state. This cortex is responsible for controlling voluntary activities of the body. This condition is caused by a coma (anesthesia), and sometimes the individual remains in this state for several years. Although the person looks awake, his/her eyes are open and has some involuntary movements, there is no signs of mental and cognitive function. Moreover, the individual is physically in a state of dementia. Coma is a state in which a person cannot be awakened and does not respond to any stimulation including pain. Generally it lasts few days to a few weeks, after which some patients gradually recover, but some permanently lose all brain function (brain death), while others evolve to a vegetative state (VS). Patients in VS are unconscious and unaware of their surroundings, but they continue to have a sleep-wake cycle and can have periods of consciousness. They are able to breathe spontaneously, retain their gag, cough, sucking, and swallowing reflexes. They often look fairly “normal” to families and friends who hope and pray for their full recovery. Laws and regulations in Islamic countries originate from popular jurisprudence. Therefore, by arguing that the well-known principles of Islam are necessarily legitimate, the phenomenon of vegetative state has been recognized. Jurisprudents have conflicting opinions on brain deaths and these perspectives cannot be considered as a widespread legal basis at the level of macro policy for administrative, medical and judicial affairs. In criminal law, maniac has no criminal responsibility because the punishment is not in line with the purpose of punishment. Consequently, restrictions will be imposed on the patients. Therefore, it can be concluded that a person with vegetative state is compatible with the insanity.</p>


2019 ◽  
Author(s):  
INA LESTARIANI DINITA ◽  
Iriyadi

And the role of the internal audit function including the important element in the control system of the organization in order to achieve organizational objectives in addition to the good quality of agency performance can be created also by cooperation with the leadership and management of the organization in an institution where the parts that have interconnections, where a set of the management agencies must have an appropriate level of compliance in obeying all the rules and regulations in force in order to achieve maximum results. The purpose of this study is to investigate the implementation of internal audit which will affect the level of compliance of the auditee on the Training and Development Agency Kumdil Supreme Court. This study uses primary data by questionnaire and closed questions with alternative answers are yes and no to the auditee. Methods of research used descriptive method. The results of this study indicate that an internal audit at the Training and Development Agency Kumdil RI Supreme Court greatly affect compliance level auditee, this is caused by a systematic audit of internal processes in order to obtain and evaluate evidence objectively, in order to conduct an independent assessment of the economy and efficiency of operations, effectiveness in achieving the desired results and compliance with policies, regulations and laws, determine the correspondence between the performance achieved with previously established criteria and communicating the results to those users of the report. Based on the description above, the outhers concluded that the efeet of the internal audit of the auditee compliance level of compliance auditor in the research and development agency legal training and judical Indonesia Republic supreme court is in comformity with professional standart of internal auditing in 2004. Keyword: Internal Audit (SPAI 2004), Audit Compliance


Subject The prospects for military intervention in the ongoing Hong Kong protests. Significance The presence of mainland troops suggests that Beijing is considering using force to quell the protests in Hong Kong. The consequences would almost certainly include international condemnation, lasting reputational damage and a legacy of resentment among locals. Use of military force would likely hasten the end of Hong Kong’s autonomy, particularly in judicial affairs and law enforcement. All scenarios become bleaker if the deployment ends in deadly force. Impacts Most Chinese citizens appear unmoved by the protests; there is no sign of unrest spreading to the mainland. Chinese forces may struggle to operate alongside local police, increasing the risk of disarray. Following a deployment, Chinese troops could remain in Hong Kong for weeks to ensure protesters do not return to the streets.


Author(s):  
Aleksandr S. Tkach

The author analyses the history of absenteeism in Russia and notes the relationship of modern electoral problems related to low voter turnout, political apathy, and a lack of understanding of the importance of electoral mechanisms by many voters with the historical conditions for the formation of representative institutions. It is noted, on the one hand, the existence of self-government in the peasant community, and on the other, indifference, lack of understanding of the significance of the election of deputies sent to Zemstvo councils. The article deals with the attitude to the elections as a heavy duty was also characteristic of the Petrine era – the election of burgomasters in Moscow, the establishment of a city government for financial and judicial affairs, which was not supported by most cities. A more favourable attitude to the elections was formed only when the deputies were convened in the laid commission under Catherine II. The author also considers the attitude of voters towards elections to bodies that emerged as a result of the Zemstvo reform, and elections to the State Duma of the Russian Empire.


Author(s):  
Duncan Hardy

Throughout the fourteenth to sixteenth centuries every category of political actor in the Empire habitually entered into lateral contractual relationships, which this book calls ‘associations’. The archetypal association was the treaty-based alliance or league, regulating military and judicial affairs between two or more parties. Whereas existing historiography of the German lands characterizes associations as marginal and illegitimate, or else as the preserve of specific social groups, the evidence shows that alliances and leagues were ubiquitous and unavoidable features of the political landscape. Providing the first truly comparative typology of Upper German associations, this chapter examines shorter-term alliances (including sub-types such as peace-associations, knightly societies, and citizen-alliances) and longer-term unions such as the Swabian League and the Swiss Confederation. The latter emerges in this analysis as one end of a continuum of Upper German associative forms based on a universal template, rather than a unique proto-national coalition.


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