Juridical Nature Research Articles

Why English Legal Discourse is Difficult to Understand

To date, language complexity has come to the fore of modern linguistic research, which is related to scientific discussion of similarity / difference in the degree of complexity between various languages. There is general agreement among various linguists that it rests on a great number of parameters, which is the result of the lack of uniform knowledge about this relatively novel linguistic phenomenon. Under any circumstances, though the dichotomy principle underlies several approaches to the definition of complexity, i.e. it can be absolute (objective) and relational (subjective); systemic (paradigmatic) and structural (syntagmatic); the universal three-dimensional nature of language can serve as the guiding principle for the analysis of complexity parameters in any type of discourse. Thus, the paper highlights the lexical, syntactic and pragmatic parameters of English legal discourse (LD) language complexity based on the generally accepted semiotic triad. These elaborations are also complemented by the deployment of the research framework consisting of three models “language-communicator”, “language-language” and “language-discourse” which, though initially designed for different purposes, can as well be successfully applied to the study of language parameters as factors stipulating the language complexity of LD. The given models are illustrated by the relevant examples of legal and juridical nature.

Analysis of scientific materials on criminal liability for forced labor, published abroad

In our opinion, to perceive the legal nature of the crime of forced labor, the research of x can be taken into account In our opinion, to perceive the juridical nature of the crime of forced labor, can be taken into account the research carried out by: C.-E. Cristea, C. Olaru and I. Ristea (Romania); M. D. Jdan, T. O. Mihailichenko, A. Orlean, O. O. Oropai and Iu. Iu. Zabuga (Ukraine); A. V. Andreev, I. T. Idrisov, N. T. Idrisov and N. Iu. Tetereatnikov (Russian Federation). The following authors refer to the delimitation of forced labor from similar acts (slavery, human trafficking for the purpose of labor exploitation, etc.): I. T. Idrisov, N. T. Idrisov, T. O. Mihailichenko, A. Orlean and Iu.Iu. Zabuga. To identify the meaning of the notion of forced labor, it is useful to consider the definitions of this notion, which are formulated by: C.-E. Cristea, I. T. Idrisov, N.T. Idrisov, T. O. Mihailychenko and Iu.Iu. Zabuga.

The Juridical Nature of the Right to Favorable Environment: Principle vs Norm of Law

The Juridical Nature of the Right to Favorable Environment: Principle vs Norm of Law

ПРОБЛЕМЫ ОПРЕДЕЛЕНИЯ ПРАВОВОЙ ПРИРОДЫ СОАВТОРСТВА В КИНЕМАТОГРАФИЧЕСКОМ ПРОИЗВЕДЕНИИ / THE ISSUES OF DETERMINING THE LEGAL NATURE OF JOINT AUTHORSHIP IN THE CINEMATOGRAPHIC WORK

In the modern developing world of high technologies, a cinematographic work, as a result of the collective artistic work of a significant number of people, has important economic, social, and legal significance, taking a privileged place in the general system of the objects of intellectual property rights. This article is devoted to the study of legal relations arising in connection with the creation and use of such a complex object of intellectual activity as a cinematographic work. The author analyzes the place and creative role of each of the co-authors of the studied object and examines the nature of the legal relationship that arises between the authors and other rights holders of the film. Based on the analysis, the author has formed and justified a legal position regarding the juridical nature of co-authorship in relation to an audiovisual (cinematographic) work. The author pays special attention to the issues of law enforcement practice arising in connection with the potential expansion of the circle of legally recognized authors to an audiovisual work. Due to the versatility of the constantly changing field of cinematography, the author points out the need to modernize the current norms of copyright law, to develop the ability of the latter to respond promptly to current trends in the development of IP relations in the film industry.

Doctrinal research regarding criminal liability for the production or putting into circulation of counterfeit money signs or counterfeit securities

Scientific ideas and conceptions of undeniable value regarding offenses, which are provided by the art. 236 of the Criminal Code of the Republic of Moldova, were developed by: V. Berliba; S. Brinza; R. Cojocaru; L. Girla; C. Gurschi; V. Stati; Yu. Tabarcea (Republic of Moldova); F. Duvac; N. Neagu; I. M. Rusu (Romania); V. Ivashchenko; I. M. Mihailov; I. V. Syngaivska (Ukraine); I. E. Maksimova (Russia). These doctrinaires mainly focus on the penal issues of production or putting into circulation of counterfeit money signs or counterfeit securities, which cannot be ignored in the process of perceiving the juridical nature of criminal liability for production or putting into circulation of counterfeit money signs or counterfeit securities.

PENERAPAN ASAS DIVERSI DALAM SISTEM PERADILAN PIDANA ANAK TERHADAP ANAK-ANAK YANG MELAKUKAN TINDAK PIDANA PENCURIAN

ABSTRACT
 Handling children in conflict with the law is often equated with handling criminal acts committed by adults in general. In order to tackle juvenile delinquency (delinquency), legally in Indonesia it has been regulated in various kinds of laws and regulations. One of them is Law Number 3 of 1997 concerning the Juvenile Justice System, the presence of this law is considered to be more likely to use formal jurisprudence by emphasizing retributive punishment. The paradigm of arrest, detention and imprisonment of children has the potential to limit freedom and deprive children of their independence. However, over time criminal cases committed by children in conflict with the law can be resolved using a new mechanism, namely the Diversion system adopted from The Beijing Rules which uses a restorative justice approach. So in this article the author will examine further how to apply the concept of diversion in the juvenile criminal justice system in Indonesia, especially in dealing with the crime of theft where the perpetrators are children. This type of research is of a normative juridical nature to examine laws and regulations in the Juvenile Criminal Justice System, especially the application of the principle of diversion. The type of data used is qualitative data and the data sources used are secondary data using an approach to legal material sources, namely: primary, secondary and tertiary. The results of the research concluded that the application of the diversion principle in the juvenile criminal justice system, especially the resolution of criminal acts of theft committed by children, is carried out with an agreement between the parties involved and expressed in the form of a decision. Prior to this determination, diversion had first been attempted. With this diversion, efforts are made for mediation that will lead to a peace (accord) or settlement between the perpetrator and the victim in accordance with the losses incurred, this is considering that the future of the child is prioritized as the next generation and considering that psychologically children are still not worthy of dealing with the law.
 Keywords: Diversion, Juvenile Criminal Justice System, Theft.

Subordination Theory in Practice: An Empirical Analysis of Chinese Courts’ Approaches to Classifying Labour Relationships in Platform Cases

Abstract Determining the juridical nature of the work relationship is key to understanding the capacity of labour law to protect the rights and interests of gig workers. How to apply the traditional ‘subordination’ test and its constituent elements to platform work remains controversial in both theory and practice. In this article we examine the approaches of courts to this question using a sample of 71 Chinese judgments. We construct a binary probit model to conduct an empirical test of the degree of correlation between eight factors which serve to identify protected worker status, on the one hand, and courts’ rulings on the presence or absence of subordination, on the other. We find that, among the factors relevant to the subordination test, ‘control’ and ‘integration’ strongly predict a finding of worker status. We conclude that the subordination test is still being widely used to determine the status of gig workers in China, and that an approach to classification based on the ‘primacy of the facts’ of the case continues to be feasible in the context of platform work.

Rights Are Necessary but Insufficient for the Achievement of the Full Inclusion of People with Intellectual and Developmental Disabilities

ObjectivesTwo forces which are in juxtaposition have been impacting upon the achievement of full inclusion and emancipation of people with intellectual and related developmental disabilities into society. The first is the history of the United Nations human rights declarations and conventions. While human rights initiatives have supported grassroots movements such as choice, self-determination, and person-centred supports, the second force, neoliberal philosophy, has commandeered these concepts into a culture of managerialism and individualism. Whether rights are necessary but insufficient for the achievement of the full inclusion of people with intellectual and developmental disabilities needed to be addressed.MethodsThe history of the human rights movement was explored leading up to the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The impact of countervailing forces of neoliberal policies were explored. The ongoing development of models of disability were examined, as were threats to implementation and the realisation of outcomes.ResultsThe impact of neoliberal policies by member nations and the juridical nature of the CRDP were found to be limiting factors for genuine community acceptance and inclusion of people with disabilities, especially those with intellectual disabilities.ConclusionsMember nations conforming to human rights imperatives also need to encourage the building an ethical community in which reciprocal relationships are fostered and celebrated. Individualism and the market-based economies have failed to recognise the important role communality has played in the history of the human species.

ANALISIS ASPEK YURIDIS DAN ASPEK NON YURIDIS TERHADAP TINDAK PIDANA MENJADI PERANTARA DALAM JUAL BELI NARKOTIKA

Many cases of narcotics have gone through controversies or controversial court decisions. That is, the application of norms in the contents of the court decision is still debatable. One example is the Bandung District Court Decision on behalf of the defendant Nana als Ujang Fata Bin Ajuk Marjuki (Alm) No. 1159/Pid.Sus/2021/PN Bdg regarding the case of the crime of Narcotics. This type of legal research is normative legal research. The nature of the research in this study is analytical descriptive in nature. The type of data used in this research is library research. The circulation of narcotics in Indonesia when viewed from a juridical aspect is legal, the Narcotics Law only prohibits the use of narcotics without permission by the law in question. Narcotics crime is used as a promising and rapidly developing business arena, where this activity has an impact on mental damage, both physically and psychologically, to drug users, especially the younger generation. Law enforcement against narcotics crimes has been carried out by many law enforcement officers and has received many judge's decisions. In the non-juridical aspect, in making his decision, in addition to considering matters of a juridical nature, judges also make non-juridical considerations, especially in terms of economic, social and political aspects. directly or indirectly, either implicitly or explicitly, the "integrative philosophy of punishment" in the judge's decision is not solely based on, starting from and only considering the juridical aspect (formal legalistic) solely because if this starting point does not reflect the values the value of justice that should be embodied by the criminal justice system. Some of the legal issues analyzed from the decision are the Complete Format of the Decision but the exploration of non-juridical aspects is not explored in depth in the decision and the aggravating and mitigating reasons for the crime are not explored in depth and the Articles of Indictment are appropriate but do not formulate articles 55 of the Criminal Code regarding inclusion. The need for the formulation of an article regarding inclusion in the indictment of charges and decisions is due to broaden the criminal responsibility of other actors and to facilitate proof for other cases related to case number: No. 1159/Pid.Sus/2021/PN Bdg. Because from the position of the case it is still possible that there are other actors on the DPO (People Wanted List).

Meghan R. Henning. Hell Hath No Fury: Gender, Disability, and the Invention of Damned Bodies in Early Christian Literature

Meghan R. Henning. <i>Hell Hath No Fury: Gender, Disability, and the Invention of Damned Bodies in Early Christian Literature</i>

The Role of Family Contracts in the Regulation of Family Relations and Their Juridical Nature

The Role of Family Contracts in the Regulation of Family Relations and Their Juridical Nature

Knowing receipt: continuing trusts and conscionability Byers v Saudi National Bank

In Byers v Saudi National Bank [2022] EWCA Civ 43 the Court of Appeal examined a seemingly straightforward question: where rights are dissipated in breach of trust, is it a necessary condition of the recipient being liable for ‘knowing receipt’ that the dissipation did not extinguish the beneficiary's rights? The answer sheds considerable light on the juridical nature of liability for ‘knowing receipt’. This note argues that the Court of Appeal's analysis correctly supports the theory that so‐called ‘recipient’ liability is in fact a species of liability for breach of trust. It also examines the implications of that conclusion for the elements of, and remedies for, ‘knowing receipt’.

The Construction of Territory in Nineteenth and Early Twentieth Century International Legal Doctrine

In today’s international law, territory is largely considered as a portion of the surface of the Earth, subject to the sovereignty of a state. This view of territory as an unmediated reality that presents itself to our senses masks the complex doctrinal debates on the juridical nature of territory that occurred during the nineteenth and early twentieth century. This article foregrounds the normative assumptions that undergird the three principal doctrines on territory from the nineteenth and early twentieth century and that still continue to shape views on territory in international law. The principal argument in this article is that legal imaginations of sedentariness and unsettledness played an important role in the doctrinal construction of territory by public and international lawyers. The figure of the nomad thereby functioned as an antipode in imagining sedentariness, civilization, international legal subjectivity, and a distribution of territorial rights along public-private law categories.

Perlindungan Lanskap Perkebunan Tembakau Deli di Tanah Deli

Deli Tobacco is the first plantation in East Sumatra. The success of Jacobus Nienhuys in planting Deli Tobacco on Deli land. The history of plantations in East Sumatra begins. At the present time, Deli Tobacco plantations are in decline. If viewed from the history of the specialty, Deli Tobacco is a pioneer of plantations in East Sumatra. Deli Tobacco Plantation as a cultural heritage is necessary to protect and maintain the landscape. Research Objectives To determine the decline in Deli tobacco production and solutions to maintain and protect Deli Tobacco. The research method using normative juridical nature. The results of this study are Deli tobacco is a characteristic and pioneer of plantations in the land of Deli. In 1863 Jacobus Nienhuys succeeded in growing high quality cigar wrapping tobacco. However, over time Deli Tobacco production began to decline due to land occupation factors, changes in spatial planning, landscape, nationalization and social revolution. If there are no comprehensive steps, it is feared that Deli Tobacco will only remain in history according to Law No. 11 of 2010 concerning Cultural Conservation. Deli tobacco is classified as a Cultural Conservation Object, as a heritage and historical meaning

A legislação canônica da escolha dos bispos do Concílio de Trento até o Código de Direito Canônico de 1983

O Concílio de Trento, ocorrido no meio do século XVI, foi uma importante reforma na história da Igreja. Por meio dos debates realizados nas sessões conciliares de Trento, a Igreja tratou sobre o tema das escolhas dos bispos. Isso resultou em significativas resoluções normativas que foram de grande relevância para aquele contexto eclesial. Logo após a normativa tridentina, surgiram muitas orientações pontifícias de cunho jurídico que também regulavam acerca dos requisitos e da escolha dos candidatos ao episcopado. Embora aquilo que fora definido em Trento e pelos papas posteriores não se aplicava para toda a Igreja, uma vez que havia as chamadas concordatas com os estados modernos. Esses acordos firmados entre a Igreja e os estados não eram uniformes, mas cada um tinha prescrições de acordo com cada realidade. Em alguns casos, a autoridade eclesiástica não tinha condições de agir, dando total benefício e privilégios ao poder temporal. Em meio a essa situação, foi promulgado o Código de Direito Canônico de 1917, o qual obteve uma grande vitória ao legislar que somente o romano pontífice nomearia os bispos, respeitando o ius particulare. O Concílio Vaticano II tratou sobre as nomeações episcopais no Decreto Christus Dominus, o qual requisitava que as nomeações episcopais fossem realizadas pela autoridade pontifícia. Pouco tempo depois, o papa Paulo VI emanou alguns documentos regulando a matéria até a chegada do Código de Direito Canônico de 1983 que regulamentou a designatio episcoporum.

Tithe Personal and Praedial

ABSTRACT Tithe was a personal charge levied on the Christian community to support the church. From the twelfth century AD canon lawyers distinguished tithe raised from the more valuable product of the land, praedial tithe, from that due from other, less valuable sources, personal tithe. This generated a third, mixed category. The origin of the distinction was an attempt to prevent tithe being diverted from the parish to monasteries but as it became permanent it effectively changed both the juridical and practical nature of tithe. Although personal tithe remained due in principle, especially in England, it was always difficult to enforce.

Pertanggungjawaban Pidana Pelaku Tindak Pidana Penganiayaan yang Direncanakan (Studi Kasus Putusan Pengadilan Negeri Bangli Nomor 19/pidB/2019/PNBLI)

Maltreatment is an act that causes injury or pain to someone which is done on purpose. The maltreatment consisted of light maltreatment and severe torture. This study aims to determine the criminal sanctions against the planned perpetrators of maltreatment and to analyze the considerations of the judge's decision against the perpetrators of the planned maltreatment. This type of research is normative legal research using a statutory approach. The technique of collecting legal materials is done by interviewing techniques. The results of the study show that the criminal sanction against the perpetrator of the planned maltreatment is a maximum of four years in prison as regulated in Article 353 paragraph 1 of the Criminal Code, while in the case of decision Number 19 / pidB / 2019 / PNBLI, the perpetrator I Made Merta is subject to imprisonment for four months according to Article 353 paragraph 1 of the Criminal Code where the elements contained therein are all fulfilled. Then, the judges' considerations in the perpetrators of the planned maltreatment included considerations of a juridical nature, namely things that were burdensome and things that were mitigating, whereas in the case study decision Number 19 / pidB / 2019 / PNBLI the judge considered more about the history of the defendant, namely the defendant. polite and admit that his actions in court have never been convicted and there has been peace between witnesses victim I Gede Jasa, so the judge sentenced Article 353 of the Criminal Code, which is four (4) months.

Los hechos jurídicos

This study is about “legal acts”, which is a division of “the general aspects of private law. Most of the Civil Codes in the 20th and 21st centuries which include these general aspects, dedicate several of their articles to rule on said matter and determine in this way their nature, require-ments and effects .An example of all this are the Civil Codes in Germany (BGB), Brazil, Mexico, Switzerland among other countries. The new Civil and Commercial Code in force in Argentina since Au-gust 1st, 2015 deals with this matter in Book I, Title V, Chapter I (articles 257 to 264).Acts are external events within the social reality which have the power to alter or modify the surrounding environment. In this context, their analysis and study only apply to those actions or facts of a juridical nature and are therefore of interest to the law. All this makes it necessary to take a stand in order to explain when and why an event either natural o human is to be considered a “legal act”. To give an answer to this question, there are two opposed theories on the subject and some other irrelevant opinions. In this present, it has been intended to define and clarify the main points of both theories. One idea sustains that a legal act is the one which has in itself the character and the ability to achieve a goal, that is, the legal effect. This leads to defining it as the causal event of logical connection making it possible to get said legal effect then becoming a quality of the object itself. This theory is called “traditional” or “causative”. The second theory, supported by most of the Italian lawmakers and well spread in the modern doctrine considers that the legal acts themselves do not have a particular virtue but that their legal or juridical character is given by the fact that they are presupposed to have fulfilled all sta-tutory requirements. All this has been called fattispecie or “regulating factual presuppositions” by the Italian lawmakers.When a rule or law understands that to have a legal consequence it is necessary to do one or more acts, said acts become legal acts. For example , the birth or the death of a person is a “natural” act, but in most legislations the person who is born has the right to acquire, and the deceased to transfer their estate to their heirs. Other aspects have also been considered, in particular the classification of the legal acts, and the most important is the one which distinguishes natural acts from human acts which are tho-se where a human being takes part and with the expression of their will can do what are simply called “legal acts” or “legal transactions”.

Legal Perspectives on the Method of Myth

With this paper I would like to highlight the juridical nature of what De Castro calls, in opposition to the Cartesian myth of method, the method of myth. The myth is characterized by the impossibility and at the same time the unavoidability of the argument about its own origin. Even moving from the immanentist dimension of myth, we are overwhelmed by the desire to turn around and look for our own origin, which vanishes in the same way as Eurydice with Orpheus. The problem of origin, which raises and doesn’t solve this ambiguity, is the problem of law, law to be understood as literature. The metaphor of Orpheus within this literary movement may be used to criticize the legal knowledge from its middle, and not only conceptually. We need a duality of register to bypass the conceptuality and this is why the survey that I propose will be developed on the one side with Deleuze and on the other hand with some elements taken from Shakespeare, Cervantes and Pessoa.

CLÁUSULAS DE TERMINACIÓN UNILATERAL SIN EXPRESIÓN DE CAUSA. UN INTENTO DE CARACTERIZACIÓN DESDE EL DERECHO CIVIL

The purpose of this article is to characterize the right of unilateral termination ad nutum or without cause given by the contract to the parties, from the point of view of the Chilean Civil Law. This is done by establishing their legal status and scope of action. The article studies the juridical nature of this clauses, the distinctions with other similar figures, the requirements necessary for their use, their effects and their annulment. This allows us to understand the right of unilateral termination without cause as a remedy of contractual origin that safeguards the future interest of the parties that do not wish to continue with the contract.