GENDER INEQUALITY BEFORE THE LAWS AS SEEN IN ON THE BASIS OF SEX FILM BY MIMI LEDER

In this study, researcher analyzes an inequality film written by Daniel Stiepleman and directed by Mimi Leder. This Film tells the strory about inequality dan women struggle. Therefore the researcher entitled this research with “Gender Inequality before the Laws as seen in On the Basis Of Sex film by Mimi Leder”, This study aimed to discuss; 1) injustice between a man and a woman before the law, 2) how women try to resist the laws. Design of this research was qualitative descriptive research. The researcher applied the theory of human rights and feminist legal theory by Universal Decralation of human right and Judith and remer to answer the research question problem formulation. Sociological approach also used in this research. In collecting the data, the researcher used technique of documentation. The technique used in analyzing data in this study was a descriptive technique. The results of this research are; 1) there are four gender inequalities depicted in the film on the basis of sex; (a) inequality in economic right (b) inequality in education right (c) inequality in social right (d) inequality in civil right 2) women's efforts to fight the law are three ways (a) Speak Out the Own Experiences (b) support other campaigners (c) exspressing rational opinions.

Financial law and financial science in Russian Federation and Czech Republic (comparative research)

The methodology. Comparative legal, historical and analytical scientific methods were used. The main results, scope of application. Formation of financial-legal theory in both countries took place under the circumstances of political changes. In relation to the Czechoslovak Republic, the attention is focused on the period from the formation of the Czechoslovak Republic in 1918 to the formation of the Czech Republic in 1993, and the main emphasis is made on the period of the 21st century. Periodization of financial law and financial science, and also the system of financial law considers the teaching of financial law and financial science at the Faculty of Law, Charles University. The study also characterizes the process of development of financial law and financial science in pre-revolutionary Russia, highlights the Soviet period of development of financial law, focuses on the problems of development of modern financial law. Periodization of financial law, as well as the system of financial law, are presented from the perspective of teaching of the subject of financial law at the faculties of law. The authors suppose that the modern system of financial law and financial science has retained the original division into two parts, general and specific. All sub-branches of the special part of financial law may be divided into three main blocks: (1) sub-branches of the fiscal part of financial law; (2) sub-branches of the non-fiscal part of financial law; common sub-branches of the non-fiscal part of financial law.Conclusions. The hypothesis about the unity of the principles of financial law and financial science, and public finance as the main category, as well as about the independence of this branch of public law was confirmed during the study. Due to the growing volume of legal regulation in both countries, the historical division of the financial law system is not enough, there is an extensive fragmentation of division in the financial law system. We are observing the emergence of new sub-branches, which are likely to tend to the formation of new branches.

Moral Assessments and Legal Categories

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.

New Perspectives on Ethics in Islam [whole issue]

Complete volume, containing all articles CONTENTS Introduction: Feriel Bouhafa, Towards New Perspectives on Ethics in Islam: Casuistry, Contingency, and Ambiguity I. Islamic Philosophy and Theology Feriel Bouhafa, The Dialectics of Ethics: Moral Ontology and Epistemology in Islamic Philosophy Frank Griffel, The Place of Virtue Ethics within the Post-Classical Discourse on ḥikma: Fakhr al-Dīn al-Rāzī’s al-Nafs wa-l-rūḥ wa-sharḥ quwāhumā Ayman Shihadeh, Psychology and Ethical Epistemology: An Ashʿarī Debate with Muʿtazilī Ethical Realism, 11th-12th C. Hannah C. Erlwein, The Moral Obligation to Worship God Alone: Fakhr al-Dīn al-Rāzī’s Analysis in the Tafsīr Anna Ayse Akasoy, Philosophy in the Narrative Mode: Alexander the Great as an Ethical Character from Roman to Medieval Islamicate Literature II. Islamic Jurisprudence Ziad Bou Akl, From Norm Evaluation to Norm Construction: The Metaethical Origin of al-Ghazālī’s Radical Infallibilism Felicitas Opwis, The Ethical Turn in Legal Analogy: Imbuing the Ratio Legis with Maṣlaḥa Robert Gleave, Moral Assessments and Legal Categories: The Relationship between Rational Ethics and Revealed Law in Post-Classical Imāmī Shīʿī Legal Theory Omar Farahat, Moral Value and Commercial Gain: Three Classical Islamic Approaches III Hadith, Quran, and Adab Mutaz al-Khatib, Consult Your Heart: The Self as a Source of Moral Judgment Tareq Moqbel, “As Time Grows Older, the Qurʾān Grows Younger”: The Ethical Function of Ambiguity in Qurʾānic Narratives Enass Khansa, Can Reading Animate Justice? A Conversation from Alf Layla wa-Layla (The Thousand and One Nights) Nuha AlShaar, The Interplay of Religion and Philosophy in al-Tawḥīdī’s Political Thought and Practical Ethics William Ryle Hodges, Muḥammad ʿAbduh’s Notion of Political Adab: Ethics as a Virtue of Modern Citizenship in Late 19th Century Khedival Egypt

Das Recht des internationalen Kreditkonsortiums

The book examines the legal relationships in international loan syndicates based on the model contracts developed by the Loan Market Association (LMA). German law qualifies loan syndicates as partnerships. This qualification is questioned as it conforms neither to the expectations nor to the needs of the parties involved. With a constant comparative law approach (primarily England and France), the work brings together legal doctrine, legal theory and economics in order to develop practical solutions with regard to syndicate voting and duties of information in an LMA loan syndicate as well as the interpretation and judicial review of an LMA syndicate agreement.

Teaching Land Law: Controversy and Land Policy in Hungary from 1948 to 1968

Topic of the study. During the harsh Stalinization from 1948 agriculture had to be collectivized while land was not nationalized by decree as the Bolsheviks did in Russia in 1917. The Soviet legal system was a pattern for jurists but the differences made the transition to “socialism” more rugged and controversial. The legal scholars had to interpret a situation which had to develop further to full “socialization”. In order to do that, a “cooperative law” and a “land law” had to be created and taught as part of “agricultural law”. Research questions and methods. Land law consisted of regulations regarding private farmers and collective agricultural producers (cooperatives, state farms etc.), theoretically in the whole research period. How did the agrarian, cooperative and land policy affect legal theory on land tenure system? What kind of scientific dispute emerged on this matter and how did the attempts of codification of land law affect legal education? Various types of sources were evaluated, for instance protocols of council meetings of the faculty of law of two universities, archival sources, articles and studies from authors who taught land law and took part in its debate and codification. Results and conclusions. Law was used as a tool to boost transformation, and the lawmakers and jurists faced a paradox situation in which there was a need of codification of land law and to make it independent from other branches of law. On the one hand, jurists argued like Gyula Eörsi and Miklós Világhy that civil law had primatus in the legal system and property relations had to be included in that part of legislation during the “transition period”. On the other hand, many jurists, for instance Iván Földes, Imre Seres claimed that cooperative law or/and land law were separated branches of law despite the fact that mass collectivization was not completed until the spring of 1961.

Universal Maqāṣid al-Sharīʿah and Their Modern Application: Towards Ensuring a Peaceful and Secured Environment

The maqāṣid theory is a popular trend in Islamic legal theories. Contemporary scholars view it as a valid method of interpreting the revealed text and as a valuable instrument for solving contemporary issues because it helps reform Islamic thought and civilization. Indeed, the idea of maqāṣid al-Sharīʿah has been widely studied and expanded by modern scholars of Islamic legal theory. Chiefly, Ibn ͑Ashur and contemporary MaqÉsid scholars renewed the scholarly discourse and ensured its proliferation and wide acceptance in legal studies. It has emerged as a new science that connects with all other legal disciplines. Thus, scholars firmly assert that the maqāṣid al-Sharīʿah constitute the most important intellectual means and methodologies for Islamic reform today. Consequently, the researchers aim to examine the modern discourse of Maqāṣid al-Sharīʿah and the latest developments beyond the universal MaqÉÎid. Mainly, the researchers scrutinize the two objectives namely the preservation of the environment via the protection of life and wealth. Accordingly, this article follows the qualitative method of data collection and analysis. Among the findings of the research is that the latest developments of Maqāṣid al-Sharīʿah, open the door of ijtihād widely to create ample areas for jurists to regulate the affairs of the Muslim ummah. Further, the maqāṣid al-Sharīʿah do not reflect only the objectives of Islamic law; their role goes beyond and is used to formulate basic principles and values related to global peace and human welfare. Hence, they have greatly contributed to the revival of Islamic thought and have opened a wider space for the application of Islamic law pertaining to peaceful environment.

theoretical framework for impact assessment of the labor code on enterprises

Labor law plays an important role in regulating the relationship between employees and employers. The Labor Code has made more effective adjustments to enterprises to ensure the interests of employers. However, some regulations still do not meet the requirements set out at the current stage. The article researches the theoretical framework to assess the impact of the Labor Code on enterprises to reflect between the legal theory and the actual law implementation. On that basis, the article will propose solutions to improve the provisions of the Labor Code for enterprises to establish a solid legal corridor to ensure the development of enterprises in the current period.

Tyran i rządy tyrańskie w ujęciu Bartolusa de Saxoferrato

The famous 14th-century jurist Bartolus de Saxoferrato addressed the issues of tyranny at various points in his prolific scientific career, both in his commentary to the Corpus iuris civilis and in the public law treatises De regimine civitatis and De Guelfis et Gebellinis, where the theme of resistance against a tyrant was developed, whereas the legal theory of tyranny was comprehensively presented by him in the treatise De tyranno. The subject of the article is the analysis of the concepts of tyrant and tyrannical rule in Bartolus’ works.