Appearance Of Law Research Articles

Protection of the Rights of Obligations

The article is devoted to the study of protecting the rights of obligations. The study aims to resolve the question of whether the possibility of protection is provided for in Article 302 of the Civil Code of the Russian Federation to the rights of obligations. In addition, the author examines the question of whether it is advisable to introduce the protection of a bona fide acquirer of the right of obligations in the framework of an assignment similar to the protection in the form of a vindication. The analysis of judicial practice illustrates that at present the acquirer of the right of obligation under an assignment agreement does not have access to the entire scope of protection provided by law to the acquirer of the thing itself. To answer these questions, the author turns to the theory of binding rights as objects of civil rights. The author concludes that the obstacle to claiming the rights of obligations is the absence of the concepts of ownership of the right and a bona fide acquirer of the right for the turnover of the rights of obligations, both at the level of the law and in the doctrine. The author addresses whether it is possible to own the law of obligations. In connection with his consideration of this issue, the author touches upon the theory of the visibility of law. Based on the analysis of the relevant theory and practice of law enforcement, the author concludes that the category of domination is unsuitable for binding rights, as well as that possession, in its classical sense, is not applicable for binding rights. The author emphasizes that, in the absence of direct legislative regulation, it is not possible to resolve the issue of applying a vindication claim to the rights of obligations. The paper presents arguments in favor of the conclusion that it is now necessary to introduce the protection of the law of obligations (including the right of claim) in a manner similar to the protection provided for in Article 302 of the Civil Code of the Russian Federation. The author anticipates the development of an appropriate mechanism, considering the peculiarities of the rights of obligations as an object of civil rights, and the inapplicability of the theory of the appearance of law for such a mechanism, as a perspective for resolving this issue.

La transparencia en los ayuntamientos españoles

La presente investigación tiene como objetivo analizar los logros y los fracasos de los ayuntamientos españoles desde la aparición de la Ley 19/2013 de Transparencia, Acceso a la Información Pública y Buen Gobierno, incluyendo a las subsiguientes normas autonómicas, hasta la actualidad. La técnica empleada fue la del grupo focal, en la que han intervenido siete expertos, entre ellos dos catedráticos de Comunicación Audiovisual, además de personas del ámbito profesional. De este modo, se observa que la transparencia en los municipios españoles tiene una problemática de fondo que se resume en cincos aspectos: a) poca adecuación de la arquitectura legal, administrativa y de control; b) el nulo fomento de una cultura y voluntad de transparencia; c) falta de institucionalización con unas estructuras mínimas; d) un mal enfoque de los datos, no orientados a los medios de comunicación; e) inexistencia de unos criterios de evaluación claros y unificados.

Never Get Out'A the Boat: Stenberg V. Carhart and the Future of American Law

In this short essay, haunting scenes from film Apocalypse Now serve as backdrop for an examination of Stenberg v. Carhart and meaning that this case holds for future of American law. The movie tells story of Captain Benjamin Willard, a special forces officer in Vietnam who travels up-river on a patrol in search of a renegade American colonel whom Willard has been ordered to terminate. The major thematic concerns of film are morality, violence, candor, and tenuous nature of civilization. Indeed, life on board boat, such as it is, represents civilization. This contrasts with jungle, which represents absence of moral order that makes social life possible. This absence allows for exercise of freedom without judgment. Thus, in one scene, viewer is warned that you should get out'a boat unless you are prepared to go way. In essay, we argue that in Stenberg v. Carhart Supreme Court got out'a boat and went all way. Stenberg held that a state may not ban procedure commonly known as partial birth abortion. Stated more bluntly, Court held that protection of law does not extend to a child in process of being born. Incredibly, humanity of victim of this procedure is never addressed in Court's opinion. Here Stenberg majority differs significantly from Court in Roe v. Wade, which appeared to struggle with the difficult question of when life begins. In Stenberg, Court knows that life at issue has already begun. Indeed, it is in process of being born. By licensing brutal killing of what is undeniably an innocent human being, Court turns its back on civilization and marches proudly into jungle. Plainly, law is an essential component of authentic civilization. Law as such must embody principle of equal concern and respect for every human being and principle of ordered liberty. The essay provides examples of how, since adoption of 14th Amendment, these principles have been at heart of American constitutional law. We argue that, with Stenberg, Court has abandoned concept of ordered liberty in favor of concept of liberty as license. Moreover, in adopting what it believes is a maximal conception of human freedom, Court has undermined very notion of equal concern and respect. Here we contrast abortion license with Court's treatment of right to free speech as well as its decisions concerning capital punishment. We conclude piece by arguing that if Court truly believes that benefits of constitutional personhood do not extend to a child in process of being born, then it is incumbent on Court to explain why this is so. Indeed, rule of law demands that Court explain its now unspoken criteria for constitutional personhood. The piece is especially timely given that three decisions striking down recent federal ban on partial birth abortion are now making their way to Supreme Court. Thus, Court is once again faced with choice of embracing authentic civilization or promoting barbarism under appearance of law.

GLOBALIZATION OF LAW AND ITS EFFECT ON THE LEGAL SYSTEMS OF THE STATES WITH SPECIAL REFERENCE TO THE REPUBLIC OF MACEDONIA

Globalization of law is а process of creating a unified global legal system. The globalization process begins by the appearance of law, before the four millennia. Given the way to achieve globalization, in the history of the globalization of law, can be discerned three forms of it. These are: forced globalization that is accomplished by imposing own legal system to the population in the conquered territories, after previo-usly successfully conducted wars of conquest; spontaneous globaliza-tion which is a result of interaction of the subsystems of world civiliza-tions and cultures; legally based globalization that is characterized by the fact that the national legal acts of state are made on the basis of international documents that these countries have signed and ratified. These forms of globalization are mutually intertwined and one of them is always dominant. The process of creating the European Union imposed the need to harmonize the law of countries aspiring for EU membership, to Euro-pean Union law. Republic Macedonia has received candidate status for EU membership in 2005. Since then, the process of harmonizing of its law with the law of the Union gained intensity. Today, the legal system of the Republic of Macedonia is in the final stage of harmonization with all its positive and negative impacts.

Legal Oracularism and Theological Prophetism. Fleshly Silences Across Memories and Traditions

Abstract This essay aims at providing a critical glance on the legal “fault lines” between voice and silence; utterance and dumbness; disclosure and mystery; discernability and ambiguity. At a theoretical level, the arguments suggested intend to innovate the conventional discourse on legal traditions, focusing on their proper and complex morphosyntax. Specifically, the main purpose is to call forth the haunted ventriloquism which animates and informs legal traditions in order to disfigure the ideological image portrayed for a legitimating project. On this ground what is proposed is an original understanding of the politics of memories, conceived as the inner force, which codifies heterogeneous canons of commemoration. The poles of usual contrapositions (memory/forgetting; remembrance/silencing) are questioned and scrutinized; the multiple facets of the voices of memory and the silence of oblivion are taxonomically typified. The proposed paradigm is consequently applied to the particularities of the English Legal Tradition, emphasizing how the culture of legal revelling dramatized the ambiguities concealed in the speakable word of Law: on the one hand, the internal articulation of these sumptuous festivities, which structurally reflected the osmotic threshold between speech and faintness, utterance and dumbness; on the other, it has been noted that Revels made patent the meaningful silence implied in the proper other face of the conventional appearance of Law, that is in its suspension or in its exception. Conclusive remarks are devoted to analyse the nexus among word, interpretation, and violence in Robert Cover’s thought. In this perspective the essay debates on the silent sacrifice behind the supposed creative act of judicial interpretation and intellectually claims for a counter-resistant act of unveiling heterodoxy.

Human Rights Arrangement on Indonesian Law

Article 1 paragraph (3) of the Constitution of 1945 (UUD 1945) stated that Indonesia is a Rule of Law. One feature of the Rule of Law is the existence of human rights in the state administration. Indonesia, since independence on August 17, 1945 has asserted the defense of human rights as stated in the opening clause and in the torso of the 1945 Constitution Article 27-34. In the era of reform, on the Government of President Habibie, the President and the Parliament ratified the UN convention against torture and other cruel, inhuman, or degrading human dignity into Law number 5 of 1998. Then the MPR also publishes the statutes of MPR No. XVII/MPR/1998 on Human Rights, which was followed up with the appearance of Law No. 39 of 1999 on human rights. In accordance with the law in Indonesia based on the sort of Law No. 12 of 2011, the actual products that have been issued by the Government (the MPR, DPR and President) that follow up the substance of Human Rights in the Constitution with established Assembly and the law is already correct. But when the MPR then does the second amendment to the Constitution on August 18, 2000 by adding a special article chapters and contains about Human Rights (as mentioned in Chapter X-A section 28 A-J), have made the complexity hierarchy of law in Indonesia because it is not in accordance with the substance of article 7 of Law No. 12 of 2011.

The Biography of Mahommah Gardo Baquaqua: His Passage from Slavery to Freedom in Africa and America

Some scholars will already be familiar with Mahommah Gardo Baquaqua’s account, either through collections of primary documents edited by Robert Edgar Conrad and Allan Austin or indirectly through the literature on Brazilian slavery. But the appearance of Law and Lovejoy’s edition represents a significant advance in the scholarly interpretation and presentation of the Biography. Their conclusions are based on extensive and often collaborative research, which is marshaled in the introduction, footnotes, and 56 pages of appendixes.Born between 1824 and 1831 in Djougouo (in what is today the Republic of Benin), Baquaqua was captured, transported from the West African port of Ouidah, and sold as a slave in Brazil. He remained there for two years, bound first to a baker in Pernambuco and later to a merchant in Rio de Janeiro. When his ship docked at New York Harbor in 1847, Baquaqua gained his freedom with the aid of an abolitionist group. After living in Haiti under the auspices of the American Baptist Free Mission Society, he returned to the United States in 1849, where he attended New York Central College. Several years later he moved to Ontario, where he wrote his narrative. With the editorial assistance of Samuel Moore, the Biography was published in Detroit in 1854. When sales of his book failed to raise the funds needed for the author’s return to Africa, Baquaqua traveled to Liverpool in 1855, after which he disappeared from the historical record.The modern editors’ most substantive interventions are twofold. First, they convincingly argue that the Biography was more Baquaqua’s own work than was previously believed. As with other former slaves, Baquaqua was presented to a reading public only through the mediation of a white amanuensis. While efforts to distinguish between the two voices are necessarily speculative, Law and Lovejoy have skillfully examined the style, structure, and context of the Biography to sort out its composite character. Second, they have established the reliability of Baquaqua’s account of his youth in Africa. While the Biography includes relatively little on the author’s life during enslavement, nearly half of the narrative is dedicated to describing his homeland. This detailed depiction is probably unique among slave writings, particularly if Vincent Carretta is correct in arguing that Olaudah Equiano’s African origins were fictionalized. Jerome Handler’s recent survey of African slave life histories suggests one explanation for the richness of the African portion of the Biography: Baquaqua was older than most autobiographers when he left his homeland, and he wrote his account comparatively soon after leaving.Particularly provocative is Law and Lovejoy’s reading of the commercial and cosmopolitan background of Baquaqua’s kin and community and his consequent diverse ethnic, religious, and linguistic inheritance. Entering into ongoing debates about African ethnicity and American creolization, they conclude that perhaps scholars have underestimated the degree to which African-born slaves in the Americas had “a choice among alternative ethnic identities” (p. 25).Law and Lovejoy thus establish both the authorial role of Baquaqua and the ethnographic value of the Biography. Given the editors’ scholarly rigor, the book under review represents the authoritative edition of Baquaqua’s narrative.

Perkembangan. Ilmu Hukum dalam Perspektif Perkembangan Sains Global

The impact of global science on the development of legal science has been the normative reduction or positivization of law. This leads to streng the ning the normative image of law, narrowing the appearance of law, sparating law from the social facts, etc. The seimply that a new theory capable of deliberating of law from its normative of image issuch urgent that the theory is capable of describing the truth about law. There fore, Critical Legal Studies should begiven a conducive room to deveiop in order to enlighten the legal science.

Of Biological Bonds, New Fathers and the Best Interests of Children

‘[Law] constantly spills from the court and the text into life, and to trace that quiet and imperceptible crossing of boundaries requires a jurisprudence that is attentive to the little slips, repetitions and compulsions, melancholic moods or hysterical outbursts, that hint at the transgressive movement from one order to another, from conscious to unconscious law. More than that, the law depends upon a geography of mental spaces, which cannot be reduced to its physical presences, its text (lex scripta), or its apparent rules. The appearance of law is only ever an index or sign, a vestige or relic of anterior and hidden causes.’