Formal Norms Research Articles

Contracts and Agreements as Grounds for Expenditure Obligations: A Legal Aspect

The paper analyzes the provisions of the Budget Code of the Russian Federation, stipulating that expenditure obligations in the Russian Federation arise, among other things, as a result of the conclusion of contracts and agreements. The study revealed that the provisions of the Budget Code of the Russian Federation contain broad definitions that allow for the emergence of expenditure obligations from contracts that do not have regulatory properties, in particular from contracts concluded on behalf of a public legal entity by a state institution. The paper substantiates that such regulation does not take into account the legal standing of the Constitutional Court of the Russian Federation according to which the expenditure obligation must be established in a normative form. It is revealed that the budget legislation regarding the regulation of expenditure obligations is not synchronized with the legislation regulating the organization of public power. The paper provides arguments proving the need to specify that only public law contracts should act as the grounds for the occurrence of expenditure obligations. According to the results of the study, it is proposed to adjust the Budget Code of the Russian Federation in terms of specifying a specific list of types of contracts and agreements, because of which expenditure obligations arise.

Pandangan Hukum Islam Terhadap Kewarisan Anak Angkat Di Kota Gorontalo

This research aims to provide knowledge to the community regarding the limitations for adopted children, especially in terms of inheritance, so that the community is not wrong in providing knowledge about adopted children. This research is a field research (Field Research), the data sources used are primary data sources collected through interviews, documentation and observation. Primary data is obtained directly from respondents regarding inheritance for adopted children in Islamic law and customary law, while secondary data is in the form of legal theories and norms as well as other supporting data obtained from literature, documentation and biographies. All of these data are materials to describe an overview of Islamic law regarding inheritance for adopted children in the perspective of customary law.
 Based on the results of the research, it turns out that the Indigenous people of the city of Gorontalo, in giving their inheritance to adopted children, carry out the provisions of Islamic inheritance law and some carry out customary inheritance law. For people who implement Islamic law, the adopted child does not get an inheritance but gets assets in the form of a mandatory testament and may not exceed 1/3 of the assets left behind, while for people who use Javanese customary law they determine their own in accordance with the agreement in the deliberations of experts the heir concerned. It is better for people who adhere to Javanese customs to be given knowledge about Islamic inheritance law.

Multicultural Education and Tolerance from Social Capital Perspective

This article discusses social capital and how social capital in the form of social values, social norms, social trust, social networks, and social bonds can support multicultural education and tolerance. Multicultural education can be carried out by integrating knowledge, reconstructing knowledge, developing attitudes, empowering schools, and developing skills. This study describes social capital through user participation in networks, trust, reciprocity, social norms, and values. Research shows that social capital can help build tolerance and multicultural education and improve performance efficiency. Therefore, paying attention to social capital in education and building strong social networks to support multicultural education and tolerance is important.

Local Self‐Governance and the State in South Sudan: Studying Gendered Tenure Relations in Times of Uncertainty

<p>With governance increasingly regarded as co-governance, states’ capacity to steer, correct, and discipline a wide range of self-governing actors becomes crucial for states’ effectiveness, efficiency, and democracy. This article investigates that capacity and the relationship between formal institutions and customary self-governance in areas of limited statehood. In South Sudan, the field of land governance can be regarded as an area of limited statehood. As land relations are closely connected to clan structures and intra-familial relationships, customary norms and institutions enjoy great legitimacy and are an important locus of local land governance and dispute resolution. The South Sudanese government has promulgated legal provisions for equal rights to property and inheritance that clash head-on with customary notions of gender roles in the family and the preservation of family land. By focusing on the case of women’s land rights in South Sudan, combining literature study with data from exploratory fieldwork in two South Sudanese towns, this article aims to reflect on the cohabitation of customary and formal norms and values and the role formal legal and administrative systems, in areas of limited statehood, can and do play in boundary setting for customary self-governance.</p>

Norms and Values in Islamic Legal Reasoning: The Case of Listening to Music (Samāʿ)

This essay examines the ways in which pre-modern Muslim jurists adapted their legal methods to accommodate the complexity of the act of listening to music. I classify those methods from the least to the most inclusive of underlying notions of moral value. This study shows that models on opposite ends of the spectrum function in similar ways. Whether, as in Ibn Ḥazm’s work, the scope of legal norms is confined to the immediate textual meaning, or, as in Ibn Taymiyya’s thought, the formulation of norms corresponds to an underlying moral aim, the result is a broad treatment of all phenomena that relate to music (samāʿ). By contrast, Ghazālī’s discussion of samāʿ is guided by the need to attain conviction of the appropriate course of action rather than the pursuit of an objective truth about the legal-moral status of the act of listening to music, resulting in a subtle case-by-case evaluation, rather than an overarching judgment. While this study does not attempt to give a comprehensive historical account of how and why scholars of Islamic law attempted to restrict or permit certain musical experiences, we can ultimately see how the sharīʿa, a legal system that is fundamentally concerned with moral behavior, purported to advance reasonable models for the assessment and regulation of complex social phenomena.

Pola Asuh Orang Tua Yang Bekerja Dalam Menumbuh Kembangkan Sosial Emosional Anak Usia Dini Di Kelurahan Mangasa Kecamatan Tamalate Kota Makassar

The education of children in the family has a decisive role in achieving the quality of human resources. This is because through family education, individuals first learn and recognize the cultural value system in the form of special rules, norms, habits and examples from other communities. This study uses a qualitative approach and the focus of this research is parenting style, namely (1) authoritarian parenting and democratic parenting, (2) social emotional development of early childhood. The results of this study indicate (1) The authoritarian parenting pattern of parents towards children emphasizes that children can always obey the words and orders of their parents, so that children have limitations in doing the things they want. (2) Permissive parenting provides a lot of leeway for children to interact with anyone under any circumstances, thus children have the freedom to do whatever they want without clear and strict rules, (3) Democratic Parenting is a parenting pattern that prioritizes the interests of the child. child and control the child through control and supervision. Children are given the opportunity to express their opinions and act in accordance with the mutual agreement between parents and children.

Strengthening criminal liability for committing property and some other offences under martial law in Ukraine

The relevance of the chosen subject is dictated by the fact that countering criminal offences during the war is one of the most important problems that the legislator should respond to. Not only the level of the criminal situation in the state but also the effectiveness of the functioning of criminal law in general depends on how timely and correct decisions will be made in this area. The purpose of the study is to conduct a legal analysis of legislative initiatives to introduce new qualification circumstances, strengthen criminal liability by introducing new punishments and increasing the current sanctions for certain criminal offences. For this purpose, formal-logical, dialectical, logical-semantic, hermeneutical, comparative-legal, and other methods of scientific knowledge were used in the study. The study clarifies that legislative changes to strengthen responsibility for committing property and some other criminal offences under martial law are insufficiently justified and may lead to an excessive expansion of the current Criminal Code of Ukraine, a violation of its consistency. It is noted that this approach raises a number of doubts and requires the search for other, more effective ways of legal regulation. The expediency of applying a comprehensive approach in the formulation of criminal law norms, which provides for considering the tools of both the Special and General parts of the Criminal Code of Ukraine, is justified. The applied aspect of this scientific analysis is determined by the dynamics of lawmaking in this area and provides justification for the need to introduce appropriate legislative changes, and outlines the prospects for their application in practice. The practical importance of the study lies in the fact that strengthening criminal liability for certain criminal offences during martial law is a subject that goes far beyond purely theoretical importance.

Failure of local institutions of coastal communities to conserve mangroves

The community and the ecosystem in its surroundings benefit greatly from the ecosystem services provided by mangroves. It is critical to understand how local institutions contribute to the management of mangrove forests. The purpose of this study is to identify and evaluate local institutions involved in coastal mangrove forest management. The study was carried out in the Indonesian village of Pantai Bahagia Muara Gembong. Key informant interviews and observation were used to acquire the data. The situation, structure, behavior, and performance (SSBP) method was used to examine the data. Research results: The situation shows the increasing damage to mangrove forests due to the increasing conversion of land as rice fields and ponds, the structure illustrates that the community does not yet have formal norms and rules that help manage community activities in mangrove forest conservation, Behavior Describing the various interests and perception of the community and parties in utilizing the potential of mangrove forests, as well as the absence of coordination and cooperation with stakeholder in forest management and performance shows that weak community institutions and coordination with parties so that mangrove forest damage continues to occur and has implications for frequent tidal floods, disruption of economic activities.

Authority of The Prosperity of The Republic of Indonesia as Dominus Litis For the Crime of Illegal Logging

Forests in Indonesia are numerous and extensive, functioning as the lungs of the world, of course forests must be preserved. The number of cases of illegal logging (Illegal Logging) causes damage to forest ecosystems which can be detrimental to the state. Law Number 18 of 2013 Concerning the Prevention and Eradication of Forest Destruction has regulated criminal sanctions against anyone who commits Illegal Logging, the Attorney General of the Republic of Indonesia who holds the function of pre-prosecution and prosecution of criminal acts in Indonesia must continue to be fully involved in enforcing criminal law in Illegal logging. This research is a normative form of legal research using a statutory approach, a conceptual approach in order to achieve a prescriptive result and can be applied regarding Illegal Logging cases. One thing that distinguishes the science of law and the social sciences is that law is not included in the number of behavioral sciences. The conclusion is regulations regarding Illegal Logging need to be addressed. In general, it must be emphasized regarding the elements and intent of Illegal Logging itself. The prosecutor in exercising his authority in the pre-prosecution stage must also be reaffirmed in Law Number 18 of 2013 concerning the Prevention and Eradication of Forest Destruction.

Can norms bridge boundaries? Systems theory’s challenge to eco-theology and Earth system law

The following article was written to honour Johan Buitendag’s contribution to the discipline of eco-theology. Assuming an interdisciplinary stance, eco-theology in general and his work, in particular, is observed from the position of legal theory and sociology. As such, eco-theology is not assessed on theological grounds but is treated interdisciplinary through comparison with environmental law. More specifically, the project of eco-theology is shown to share certain characteristics with the nascent subdiscipline of Earth systems law within environmental law. It is argued that one of the most important of these is the use of norms as an ecological strategy. This is understandable as both the religious and legal systems rely on the norm form to a lesser or greater extent. However, in the legal sociology of systems theory, the shortcomings of norms have been eloquently argued. This article thus posits the limits of norms to eco-theology and Earth systems law as a challenge deserving attention. However, social systems theory has its shortcomings, and a preliminary line of flight away from this challenge is suggested in the shape of Agamben’s description of the monastic form-of-life, where life and norm overlap so intensely that suggestions of a new worldview gain plausibility.Contribution: This article argues for the similarity in theology and law’s respective strategies for combatting climate change, most importantly, that both employ a normative form. It points out that norms have crucial shortcomings but suggests that they might be overcome through reinterpretations of normativity.

Sign changes of fourier coefficients of holomorphic cusp forms at norm form arguments

AbstractLet f be a non-CM Hecke eigencusp form of level 1 and fixed weight, and let $\{\lambda_f(n)\}_n$ be its sequence of normalised Fourier coefficients. We show that if $K/ \mathbb{Q}$ is any number field, and $\mathcal{N}_K$ denotes the collection of integers representable as norms of integral ideals of K, then a positive proportion of the positive integers $n \in \mathcal{N}_K$ yield a sign change for the sequence $\{\lambda_f(n)\}_{n \in \mathcal{N}_K}$ . More precisely, for a positive proportion of $n \in \mathcal{N}_K \cap [1,X]$ we have $\lambda_f(n)\lambda_f(n') < 0$ , where n′ is the first element of $\mathcal{N}_K$ greater than n for which $\lambda_f(n') \neq 0$ .For example, for $K = \mathbb{Q}(i)$ and $\mathcal{N}_K = \{m^2+n^2 \;:\; m,n \in \mathbb{Z}\}$ the set of sums of two squares, we obtain $\gg_f X/\sqrt{\log X}$ such sign changes, which is best possible (up to the implicit constant) and improves upon work of Banerjee and Pandey. Our proof relies on recent work of Matomäki and Radziwiłł on sparsely-supported multiplicative functions, together with some technical refinements of their results due to the author.In a related vein, we also consider the question of sign changes along shifted sums of two squares, for which multiplicative techniques do not directly apply. Using estimates for shifted convolution sums among other techniques, we establish that for any fixed $a \neq 0$ there are $\gg_{f,\varepsilon} X^{1/2-\varepsilon}$ sign changes for $\lambda_f$ along the sequence of integers of the form $a + m^2 + n^2 \leq X$ .

Bifurcations in a Plant-Pollinator Model with Multiple Delays

The plant-pollinator model is a common model widely researched by scholars in population dynamics. In fact, its complex dynamical behaviors are universally and simply expressed as a class of delay differential-difference equations. In this paper, based on several early plant-pollinator models, we consider a plant-pollinator model with two combined delays to further describe the mutual constraints between the two populations under different time delays and qualitatively analyze its stability and Hopf bifurcation. Specifically, by selecting different combinations of two delays as branch parameters and analyzing in detail the distribution of roots of the corresponding characteristic transcendental equation, we investigate the local stability of the positive equilibrium point of equations, derive the sufficient conditions of asymptotic stability, and demonstrate the Hopf bifurcation for the system. Under the condition that two delays are not equal, some explicit formulas for determining the direction of Hopf bifurcation and some conditions for the stability of periodic solutions of bifurcation are obtained for delay differential equations by using the theory of norm form and the theorem of center manifold. In the end, some examples are presented and corresponding computer numerical simulations are taken to demonstrate and support effectiveness of our theoretical predictions.

Significance of Non-Statutory Sources of Criminal Law When Evaluating an Act as Insignificant

Relevance. The correct solution of complex problems of law enforcement is facilitated by the appeal not only to legislatively fixed, but also to other sources of law. It is especially important to correctly determine the role of unofficial sources of law in the application of the criminal law, which is due to its exceptional position in the system of regulation of social relations, which are imposed on criminal law prohibitions by the requirements of clarity of expression, certainty of content and fairness. The theoretical and legal research needs a contribution to the content of the criminal law norms of other sources of law in determining the boundary between crimes of various types and administrative offenses, as well as in assessing the act as insignificant.The purpose of the study is the theoretical and legal analysis of the role of legally fixed and not fixed sources in the application of criminal law.Objectives of the research of the study include: substantiating the accounting and determining the role of sources of criminal law that are not legally enshrined in the qualification of crimes and the assessment of the act as insignificant.The research methodology is based on the dialectical general method, and also includes the methods of analysis, synthesis, induction, deduction, logical and system-structural.Results. On the example of the qualification of crimes and the assessment of acts as insignificant, the admissibility of referring to sources of law not formalized by law is argued, since they play a significant role in the process of criminalization and in the formulation of criminal law norms. The influence of the development of protected public relations and the modification of encroachments on the content of sources of law is shown. The importance of taking into account these processes for bringing both the criminal law itself and the practice of its application in line with the emerging socio-economic and political conditions is substantiated.Conclusion. When evaluating an act that formally contains signs of a crime, from the point of view of the possibility of recognizing it as insignificant, the appeal not only to the criminal law, but also to other sources of law, is due, firstly, to their retrospective role in the criminalization of acts, and secondly, to the dialectical connection of legal ideas with legal form and legal reality

Active imitation or passive reaction: research on the peer effect on trade credit

PurposeUsing a sample of manufacturing firms listed in China between 2007 and 2019, first, this paper aims to examine whether peer firms influence corporate trade credit supply. Next, the authors examine the channels through which peer firms influence corporate trade credit supply by testing the predictions of rivalry and information theories. Furthermore, the authors examine the heterogeneity of the industry peer effect on corporate trade credit supply. Finally, the authors examine the economic consequences of the industry peer effect on corporate trade credit supply.Design/methodology/approachThe sample includes all manufacturing firms listed on both the Shanghai and Shenzhen securities exchanges for the sample period from 2007 to 2019, and the data come from the China Stock Market & Accounting Research database. The authors use the fixed effects method to examine the industry peer effect on trade credit supply. The results are robust to a series of robustness tests. To address the potential endogeneity problem, the authors adopt appropriate instruments by estimating instrumental variable models (two-stage least square). The authors use Heckman’s two-stage model to mitigate the sample selection bias.FindingsThe authors provide strong empirical evidence showing that the industry peer effect on trade credit supply exists in the manufacturing sector. It is also found that both competitive rivalry-based and information-based theories can provide explanations of the industry peer effect on trade credit supply. This process is both active imitation and passive reaction. Additional analysis suggests that the industry peer effect on trade credit supply is more pronounced for state-owned firms, firms with low customer concentration and firms with high geographical proximity. The amplification effect and spillover effect are the economic consequences of the industry peer effect on trade credit supply. In other words, the trade credit supply based on peer effect will not only increase the liquidity risk of the firm per se but also induce and increase the liquidity risk of the industry.Originality/valueThe study makes some important contributions. First, the authors find robust evidence that peer firms’ trade credit supply is an important factor in explaining corporate trade credit supply, which extends the literature by connecting the firm’s trade credit supply with the peer effect. Second, the study provides a new micro-perspective for understanding that firms use trade credit supply as a tool of competition, which proves the importance of rivals’ decision-making as a determinant of corporate decisions. Third, the authors examine the industry peer effect on trade credit supply, which not only helps to guide firms to pay more attention to the potential risk and spillover effects of the trade credit supply decision-making relevance but also helps to clarify the industry interaction phenomenon of corporate decision-making behavior. It is an important practical significance to play a role as a bridge between the microlevel of the firm and the meso-level of the industry. Finally, the study provides inspiration for the formulation of industry norms and policies.

Generalized strain energy density-based fatigue indicator parameter

In the history of fatigue study, the potentialities of strain energy density (SED) based approaches were extensively discovered; however, there was limited usage in engineering practice, largely due to the lacking of a widely accepted fatigue model and operating instruction. Accordingly, referring to previous studies, a normative form of total strain energy density (TSED) based fatigue life equation with two power function terms is given, together with a standard flow to determine the corresponding SED-related material fatigue parameters, intending to popularize its application in engineering practice. In particular, the positive elastic and plastic SEDs play the dominant role in high and low cycle fatigue domains, respectively. Strain-controlled fatigue tests of virgin Al 7075-T6511 alloy and an in-service puddle iron are conducted to check the effectiveness of the TSED as the fatigue indicator parameter to correlate fatigue life. Results show that the TSED formula works better than the strain-based Coffin–Manson–Basquin equation.

Positional identities negotiated within a collective identity

Abstract This qualitative study explores Japanese students’ positional identities in EMI contexts. Their positioning act is operated by the sociocultural norms of a program shared among community members. Individual semi-structured interviews were conducted with a total of 13 first-year students enrolled in an undergraduate English-taught program (ETP) at a Japanese national university. A thematic analysis of the interview data produced four main themes: (a) acting self-identification as a peripheral position, (b) hierarchy in a Japanese cohort, (c) an identity gap between the ideal self and reality, and (d) the ETP-A collective identity for membership negotiation. The study shows how participants position themselves and others based on English proficiency and academic culture, whereby students force themselves to acculturate for legitimate full participation. Such traits reflect collective identities and function as forms of sociocultural norms that determine legitimate membership. Furthermore, such norms lead to stratification between students: Japanese students identify themselves as inactive members of the ETP group with limited second-language (L2) English. Conversely, the collective identity helps them reclaim their ETP membership in Japanese-medium instruction classes with Japanese students from outside of the ETP. Japanese students’ positional identities are discussed in terms of L2 English competence and classroom culture.

Partycypacja obywatelska jako wartość konstytucyjna w demokratycznym państwie prawnym

Civic Participation as a Constitutional Value in a Democratic State Governed by the Rule of Law The article presents the idea of civic participation as a value, which, due to its positive aspects, is widely desired by society in a democratic state governed by the rule of law. Participation as a value collectively forms an axiological system. In a constitutional state, the axiological system is normatively expressed in the content of the constitution, within which it takes the form of constitutional norms and principles. Civic participation has been adopted into the Constitution of the Republic of Poland in an indirect manner. A holistic interpretation of the Constitution’s provisions allows it to be interpreted from the overarching systemic principles: the principle of the common good (Article 1) the principle of the democratic state of law (Article 2), the principle of the sovereignty of the Nation (Article 4) and the principle of social dialogue (Article 20). Consequently, civic participation as a constitutional value determines how laws are made. The State has an obligation to introduce and strengthen institutions of civic participation. Civic participation based on civil, political and social rights as well as institutions of social solidarity is an element of a democratic state of law and can be a solution to the problems of contemporary democracy.

On Doubly Alternative Zero Divisors in Cayley–Dickson Algebras

Zero divisors of Cayley–Dickson algebras over an arbitrary field 𝔽, char 𝔽 ≠= 2, are studied. It is shown that the zero divisors whose components alternate strongly pairwise and have nonzero norm form hexagonal structures in the zero-divisor graph of a Cayley–Dickson algebra. Properties of the doubly alternative zero divisors at least one of whose components has nonzero norm are established, and explicit forms of their annihilators, orthogonalizers, and centralizers are obtained. Properties of the zero divisors in Cayley–Dickson algebras with anisotropic norm are described, and it is shown that in this case, directed hexagons in the zero-divisor graph can be extended to undirected double hexagons in the orthogonality graph. A criterion of C-equivalence for elements of Cayley–Dickson algebras with anisotropic norm is obtained. Possible values of dimension for the annihilators of elements in Cayley–Dickson algebras are considered.

Civic education and citizenship studies in culture, identity, and art

Over the past few years, culture has played an essential role in shaping civic culture in multicultural countries that adhere to the nation-state system, such as Indonesia. Culture makes an excellent contribution to support the nation's noble values, traditions, and norms that inspire forms of citizenship in civic culture. We need to think about civic education and the study of citizenship in the scope of culture, identity, and the arts. However, strangely, there has been no effort made by academic actors to study culture, identity, and art in certain areas in the aspect of forming civic culture. Culture, identity, and art are the primary sources of inspiration for a country that adheres to a multicultural system and a nation-state to create social norms for its citizens. The issue is expected to cover as many aspects of customary law, culture, art, and nature as possible and be reported as scientific findings. Authors and scholars from all relevant disciplines are invited to contribute, and we are interested in your research contribution to pertinent illustrations of the fields of civic education and civic studies. The editorial team reviews the specific and cultural roles, identities, and traditional arts as described in the forms of customary law and norms in multicultural societies, performing arts where local culture and identity play an essential role, literature, and folklore in society and history engraved on reliefs. Reliefs such as temples in Yogyakarta, books such as Sutasoma, and the like. We want researchers to write about how culture, identity, and art have played a role in the essential parts of citizenship from the past to the present. In essence, this Special Editorial accommodates writers and academics to conceptualize the role, philosophy, customary law, tradition, norms, and artistic aesthetics as forming civic culture in a country that adheres to the nation's system so that it becomes a new form of knowledge that can be taken for civic education and studies, citizenship itself

Pelestarian Kearifan Lokal Beryajna Melalui Edukasi Budidaya Tanaman Kelapa Upakara Di Desa Bunutin

The implementation of rituals in Bali is form of local wisdom from generation to generation. The local wisdom of yajna with the support of coconut facilities continues to be socialized, understood and interpreted in the form of knowledge, customary norm, cultural values and community behaviors carrying out various rites in Bunutin Village. This study aims to motivate the community through education on the importance of coconut cultivation and its positive impacts and benefit in religious life. The research design used a qualitative-methods based on the phenomenon of coconut scarcity during observations and interviews.The research is studied with a phenomenological perspective to generate the objective nature of human consciousness based on knowledge, experience in life. The results of the study show that the people in Bunutin Village enthusiastic about appreciating, feeling motivated and raising their awareness, understanding the need for cultivating the upakara coconut plants they seem quite active in seeking sulotions to overcome the scarcity of ritual facilities. The emergence of awareness cannot be separated from the role of motivators in educating the public in order to achieve the goal of preservation through the provision of coconut raw material which is sufficient and balanced with the intensity of the yajna implementation.