Authority Of Law Research Articles

TO THE QUESTION OF GOALS AND OBJECTIVES ROMAN PUBLIC LAW IN THE WRITINGS OF ANTONIO GUARINO

The article will consider the main goals and objectives of Roman public law, reflected in the works of the outstanding Italian lawyer - novelist Antonio Guarino. In his works on Roman jurisprudence, Professor Guarino studied not only Roman private law, but also the concept and content of Roman public law. And also, Professor Guarino in his writings pays special attention to the issue of limiting the powers of Roman magistrates who exercised executive and judicial power. Since the problems of Roman public law are poorly covered in modern legal science, the works of Professor Guarino become relevant for us in the field of constitutional law (in the field of human rights protection). The purpose of this article is to analyze the limitation of the powers of Roman magistrates in Roman public law. The objectives of the article are a brief analysis of Roman criminal law, the study of the nature of magistrate edicts, the disclosure of the role of the people's tribunate in limiting state power. The article will apply the formal legal method, as well as general scientific methods of cognition, which include analysis, synthesis, deduction, induction, comparative method, historical method. In the course of the research, this article will analyze and consider the issues of limiting the powers of public authorities in Roman public law. The results obtained can be used in the field of constitutional law and in the protection of human and civil rights. It should be noted that the works of the Italian novelist Antonio Guarino in the field of Roman public law are of great interest to legal science. His theoretical developments and ideas may be useful for improving the legal system of Kazakhstan.

Forced Marriage: The Authority of Custom Law in The Practice of Marriage In Kerinci, Jambi

This study discusses the authority of customary law in the practice of forced marriage in the community of Lekuk Limapuluh Tumbu Lempur, Kerinci, Jambi. Forced marriages were carried out against men and women who went out together and only returned after 20.00. They have to get married, even though they are not willing to do so, they are not even asked to be willing at all. This study uses a qualitative descriptive method. Data collection is done by observation, interviews, and documentation. This study shows that the decision to implement forced marriages was issued by four elements holding customary authority, namely the depati, ninik mamak, alim ulama, and cerdik pandai. This punishment is enforced in order to maintain religious rules, because a man and a woman who travel together until late at night have the potential to commit various violations of religious norms, especially adultery. The application of the forced marriage rule is intended as a preventive measure against these violations. Here the role of adat is to make forced marriage as a customary punishment intended to maintain religious norms.

Changing the narrative: A Tool on African Traditions and the Preservation of Humanity during War

AbstractIn an effort towards better explaining the authority of international humanitarian law (IHL) on the African continent, the Regional Delegation of the International Committee of the Red Cross (ICRC) in Pretoria recently examined the relationship between African traditional customs and modern-day principles of IHL. Evidence of a clear correlation would illustrate a respect for the law of war on the African continent. The outcome of the research conducted by the ICRC was the creation of the “Tool on African Traditions and the Preservation of Humanity during War”, which illustrates eleven African traditions and the related principles of contemporary IHL. The Tool is a living project, which will continue to be updated, and which is presented in various formats that can be used for both pedagogical and operational outreach.

Conflict in Interpretation? The Definition and Application of Article 22 of the Basic Law of the Hong Kong Special Administrative Region

In April 2020, a debate broke out over whether the Liaison Office of the Central People’s Government in the Hong Kong Special Administrative Region (LOCPG HK) and the Hong Kong and Macau Affairs Office of the State Council (HKMAO) have the authority to comment on Hong Kong's Legislative Council affairs under Article 22 of the Basic Law of the Hong Kong SAR. In response to this debate and to review the divergent interpretations of Article 22 of the Basic Law by China mainland and Hong Kong commentators, this research examines the legislative history, original intention of Article 22, and its relationship with relevant Chinese law and policies. It argues that the LOCPG HK and the HKMAO are not subject to Article 22 of the Basic Law. Furthermore, these agencies' involvement in Hong Kong issues should be regarded as exercising their lawful authority to supervise Hong Kong's internal affairs rather than as "interference". It advocates that to reduce the conflict in interpretation between Mainland and Hong Kong legal communities, textual analysis, systematic content analysis, and the Chinese legal system should be the bases of future interpretation and application of the Hong Kong Basic Law.

Being One of Us: The Role of Mutual Recognition and Emotion in Shaping Legal Consciousness in a Taiwanese Neighbourhood Dispute

AbstractLiterature on neighbourhood disputes has explored legal consciousness by focusing on identity, personal relationships, and community norms. However, it still remains unclear how affective factors and one’s sense of identity can influence the social practice of law and how the recursive relationship between law, emotion, and identity can influence life in particular communities. This study explores the dynamics of identity/alterity construction, and the role of emotion in shaping these dynamics during a neighbourhood conflict in Taipei, Taiwan. This dispute highlights how ordinary Taiwanese people’s legal consciousness is constituted through a culturally embedded sense of emotion (qíng) and belonging (zìjǐrén). Analysis of “The Noodle Shop Case” advances our understanding of the social presence and authority of law and the ways in which the role of law changes according to how individuals feel as they seek both mutual recognition and justice.

Fictions, Lies, and the Authority of Law Steven D. Smith

<i>Fictions, Lies, and the Authority of Law</i> Steven D. Smith

Solidarity as a Practical Reason: Grounding the Authority of International Law

This article discusses the concept and the principle of solidarity in international law. It is often argued that solidarity is a(n) (emerging) principle of international law, yet its normative function in international law is not clear or well defined. I trace the development of the idea of solidarity and show how its image gradually shifted from reflecting the factual societal bonds to being mainly normative and thus functioning as a reason for action. In international legal scholarship, solidarity is often portrayed as a principle of international law, but there is a great deal of variety in which normative ideas we label as ‘principles’. There are several groups of ‘principles of international law’ that are very different in the type of the normative function they perform in or for international law. I investigate to which of these groups solidarity belongs and what can it tell us about its role in international law. I suggest that solidarity is a kind of normative principle, which, though essential for the legitimation of international law, is not legally normative by the function it performs. I draw a line between having a normative function within and outside the law, and use the concept of pre-emptive reasons to show why solidarity is not and should not be considered as a principle of international law in order to perform the normative function that it has. I argue that the authority of international law requires that normative ideals such as solidarity are pre-empted, and therefore replaced in practical reasoning, by legal rules.

The Lost Precedents of Arbitration

Concerns have been expressed that commercial common law is not developing as it should due to disputes being resolved by confidential international commercial arbitration where the majority of awards are not published, and the resultant lack of precedents. This has contributed to questions of the legitimacy of international commercial arbitration and whether the rule of law is being undermined by the non-publication of awards or by the diversion of disputes to arbitration rather than litigation. This article examines the meaning of precedents in this context and the approximate number being ‘lost’ to international commercial arbitration compared to those made in authoritative common law superior courts of record. It suggests that the number of awards of precedential value (APV) is small compared to the volume of commercial judgments of those courts, and that the perceived loss of precedents does not support either publication of awards nor determination of disputes by courts rather than by tribunals. Precedent might instead be enhanced by a wider right of appeal from awards and by publication of the appeal decisions. precedent, precedential value, award publication, arbitration appeals, law development, settlement pressures, litigation vs arbitration, court reporting, Lindley principles, rule of law

Kewenangan Kejaksaan dalam Melakukan Penahanan terhadap Pelaku Tindak Pidana Ujaran Kebencian di Sosial Media

Authority is what is called formal power, power comes from legislative power (given by law) or from executive administrative power. Authority, which usually consists of several powers, is power over a certain group of people or power over an area of ​​government. The purpose of this study is to analyze the arrangement of the prosecutor's authority in detaining the perpetrators of hate speech crimes on social media and to discuss the prosecutor's obstacles in detaining the perpetrators of hate speech acts carried out on social media. This research was conducted using a normative research type. The method used is normative legal research. This research approach is a conceptual and literature approach, with the primary legal sources coming from legislation and decisions, while the secondary legal sources come from legal journals and law books. The technique of collecting legal materials for this research, by collecting the literature study. Then it can be obtained that the prosecutor's authority is regulated in the criminal procedural law book, the prosecutor's authority law, which includes several laws, including Law no. it can be ascertained about the rights and authorities of the prosecutor so that law enforcers, especially the prosecutor's office, can make detentions in accordance with the rules that have been in force, so that there is no abuse of authority by law enforcers, especially the prosecutor and as appropriate the prosecutor is obliged to realize equality for all Indonesian citizens who are entangled in cases criminal, civil or otherwise.

Algorithmic Policing Technologies in Canada

Canadian law enforcement agencies are applying algorithmic technologies to identify individuals at the regional, provincial, and federal levels. These technologies connect templated facial images to an array of informational fragments that are collected from databases scattered between the public and private sectors. While that is the case, these surveillance technologies continue to be authorized under SCC jurisprudence, as opposed to legislation enacted by Parliament. Algorithmic technologies collate and analyze disparate information from public and private databases to identify patterns, which are then used to generate formulas to ‘predict’ future trends. Kate Robertson and colleagues explain that implementation of APTs by Canadian police services holds serious deleterious potential for the Charter rights of Canadians, with consequences that disproportionately affect people of colour. Be that as it may, the most malevolent consequence of applying APTs may be their application of generalized formulas to generate recommendations used to intercept individuals based on biased and inaccurate information. Although not authorized by statute, surveillance technologies continue to be permissible under common law authorities. Richard Jochelson explains the inappropriate nature of this approach, arguing in the alternative that the court’s traditional role calls for application of the Oakes test to determine if state surveillant practices fall within its constitutional limits. Considering APT’s serious implications for Charter protected rights, this paper calls on legislators to implement dedicated legislation to govern the use of surveillant technologies in law enforcement, with a particular focus on regulating the use of APTs. Failure to do so risks an unprecedented expansion of prejudicial policing practices, which may act to crystallize the existing biases in law enforcement practices into objective ‘scientific’ outputs that may hold serious deleterious potential for Canada’s most vulnerable populations.

Fatal police shootings in Sweden

Something has happened. Over the past six years a total of 17 men have been shot dead by Swedish police. This is a dramatic increase of cases with deadly outcome. Previously, the number of fatal shootings in Sweden had been on average one per year. In total, there have been 44 cases of fatal shootings between 1990-2021.&#x0D; The trend of increasing fatal police shootings is alarming. Prosecutors have generally concluded that the police officers responsible for the shootings fired in self-defense, actual or imagined, to defend themselves or to defend others in dangerous situations. What the police took for a deadly weapon maybe was a harmless dummy. Or the death man – so far it has just been about men – was perhaps unarmed. In the few cases which have resulted in a prosecution, the courts have almost exclusively sided with the defense and concluded that the police officers acted in self-defense. There are few incidents concerning lawful authority, the right of the police to use force to carry out an official duty. &#x0D; The author analyzes and describes the legal problems connected to the recent dramatic increase of fatal police shootings. She also discusses what may be done within Swedish legislation do to reduce the risk that someone will fall victim to police bullets, and she makes suggestions about improvements to limiting deadly use of force by the police.

Patagonian ground rules: institutionalizing access at the frontier

ABSTRACT The settlement of Argentine Patagonia after the genocidal military campaign of 1878–1885 occurred through discursive, legal, and institutional innovations. This article focuses on the emergence and consolidating of formal property by analyzing how access mechanisms are institutionalized through the constitution of law and public authority. Contests around access to land and resources became embedded in institutional structures in a context of legacies that continue to shape land distribution and dispossession. We argue that propertization, this transition from access to property, with its racial grammar, relies on invisibilization of people, reclassification of land, and the threat of violence.

The end of the post-colonial era: The transformation in Israeli media law on the State’s 70th anniversary

Dramatic changes in media law and practice took place on Israel’s 70th year of independence: The Press Ordinance was abolished; the Broadcasting Authority (IBA) was replaced by the Israeli Broadcasting Corporation (IBC); and the Second Authority Law (which governs commercial broadcasting) was amended, abolishing the “dual broadcasting model” established in the 1990s. What characterizes these changes is that they mark the breaking up of Israel’s media policy structure from its post-colonial roots. The new laws demonstrate for the first time in Israeli media policy history a unique Israeli structure.

Law, authority, and respect: three waves of technological disruption

ABSTRACT This article identifies and discusses three waves of technological disruption to the authority of law and, concomitantly, to the demand for respect for the law. The first wave disrupts the claim made by national legal systems to recognise their authority and the demand that their decrees and decisions should be respected. This disruption, which is particularly associated with cybertechnologies and actions in cyberspace, is likely to occur whenever technologies develop significant new regulatory spaces in which humans (or their extensions) transact and interact (such as the metaverse). The second wave disrupts the debate about the demand that the law should be respected, simply because it is the law and any reservations notwithstanding. Traditionally, this demand is justified by reference to a picture of law as a rule-based order or as an aspiration for just order. However, this is disrupted by the prospect of technologies that promise to ‘do governance’ better than humans with rules, this generating a picture of law as governance by smart technologies and, in opposition, a picture of law as self-governance by humans. Instead of a debate between two modes of governance by rules, we now have a debate between various modes of human governance by rules and governance by technologies. The third wave disrupts the conceptual scheme that underlies our thinking about the authority of, and respect for, the law. In particular, the picture of law as governance by smart technologies throws into doubt the relevance of questions about the authority of law (when law is no longer governance by humans and governance by rules) and about respect for the law (when the reservations that we have about governance by fellow humans are no longer applicable).

Marine vessel mortgage under the law of the Republic of Korea

In the article the author outlines practical and scientific significance of Korean private law study, in particular for the purposes of the development of legislation and law enforcement in Russia. The author considers the regulation of such issues of merchant shipping in the law of the Republic of Korea as the ship status, making of transactions with ships, the mortgage of ships and ships under construction, maritime liens, the order of priorities regarding claims satisfaction in the process of mortgage enforcement, the procedure of a ship mortgage execution. In some cases the author gives examples from the law of the Russian Federation that serve as commentaries or illustration to the existing differences. For example, both in the Republic of Korea and in the Russian Federation marine vessels are divided into those which are subject to special regulation as immovable property because of their relatively large size and, consequently, high value, and those which are recognized as traditional movable things because of their relatively small size and, consequently, low value. According to the current legislation, in the Russian Federation vessels belonging to the first category are considered as real estate by authority of law, while in the Republic of Korea this category of vessels relates to movable things, the regulation of which has special features appropriate for immovable things. However, an analysis of the regulation of ships in practice in the Russian Federation shows that not all provisions concerning immovable property but only their part apply to such ships. It follows that the Russian Federation in fact has the same approach as the Republic of Korea. The introduction of this approach to the legislation of the Russian Federation has been recently suggested in the course of the property law reform. In addition, the author identifies other cases where the regulation provided for by law differs in the Republic of Korea and the Russian Federation, while its practical application in these states coincides. The author concludes that such cases illustrate the existence of similar practical needs of merchant shipping activities participants. The article provides an analysis of the legislative regulation of the issues under examination, judicial practice and views expressed in the doctrine.

Joseph Raz on the Authority of Law

Joseph Raz on the Authority of Law

Памяти Джозефа Раза (1939–2022)

The article is dedicated to the memory of a major thinker in the field of moral, political and legal philosophy Joseph Raz, the author of a number of influential works on the problems of political authority, the unity and separation of morality and law, the system of political values, private autonomy and the rule of law.

Robert Sanderson (1587–1663)

Over the course of the reigns of the last two Tudors and first three Stuarts – just in excess of a century – the national established Church of England was disestablished twice and re-established twice. Following the return to Rome under Mary, Elizabeth's settlement re-established the English Church under the royal supremacy, set down church doctrine and liturgy, embarked on a reform of canon law and so consolidated an ecclesial polity which many today see as an Anglican via media between papal Rome and Calvinist Geneva. However, as a compromise, the settlement contained in itself seeds of discord: it outlawed Roman reconciliation and recusancy; it extended lay and clerical discipline by the use of ecclesiastical commissioners; and it drove Puritans to agitate for reform on Presbyterian lines. While James I continued Elizabeth's policy, disappointing both Puritans and Papists, Charles I married a Roman Catholic, sought to impose a prayer book on Calvinist Scotland, asserted divine-right monarchy, engaged in an 11-year personal rule without Parliament and favoured Arminian clergy. With these and other disputes between Crown and Parliament, civil war ensued, a directory of worship replaced the prayer book, episcopacy and monarchy were abolished and a Puritan-style republic was instituted. The republic failed, and in 1660 monarchy was restored, the Church of England was re-established and a limited form of religious toleration was introduced under the Clarendon Code. In all these upheavals, understandings of the nature, source and authority of human law, civil and ecclesiastical, were the subject of claim and counter-claim. Enter Robert Sanderson: a life begun under Elizabeth and ended under Charles II, a protagonist who felt the burdens and benefits of the age, Professor of Divinity at Oxford and later Bishop of Lincoln, and a clerical-jurist who thought deeply on the nature of human law and its place in a cosmic legal order – so much so, he may be compared with three of his great contemporaries: the lawyer Matthew Hale (1609–1676), the cleric Jeremy Taylor (1613–1667) and the philosopher Thomas Hobbes (1588–1678).

Zasada proporcjonalności a prawo administracyjne – zagadnienia wybrane

Przedmiot badań: Przedmiotem badań jest zasada proporcjonalności – współmierności środka i celu – i jej doniosłość w obszarze prawa administracyjnego. Jest to najrozleglejsza gałąź prawa. Przepisy tego prawa ingerują nieustannie w życie wspólnot społecznych i jednostek. Prawo administracyjne ma pełnić funkcję publiczną ukierunkowaną na dobro wspólne właściwie wyważone z innymi prawnie chronionymi dobrami. Jego regulacje mają m.in. przeciwdziałać antynomii i konfliktom interesów przy zastosowaniu optymalnych środków prawnych do osiągnięcia celu prawa.&#x0D; Cel badawczy: Celem opracowania jest ukazanie źródeł, pojęcia, istoty i znaczenia wielowymiarowej zasady proporcjonalności oraz zestawienie jej z rolą i z cechami prawa administracyjnego. W artykule podjęto próbę wskazania sytuacji i przyczyn potwierdzających, że współmierność środka prawnego do osiągnięcia wyznaczonego prawnie celu nabiera szczególnego znaczenia w przepisach prawa administracyjnego regulujących zwłaszcza status prawny jednostek.&#x0D; Metoda badawcza: W artykule wykorzystano głównie metodę teoretyczno-prawną i dogmatyczno-prawną. Uwzględniono dorobek doktryny i judykatury.&#x0D; Wyniki: Przeprowadzona analiza potwierdziła duże znaczenie zasady proporcjonalności w prawie administracyjnym. Wynika to zwłaszcza ze specyfiki tego prawa. Prawo administracyjne i zasada proporcjonalności mają służyć jednostkom i chronić je przed arbitralnością i nadmierną ingerencją władzy publicznej. Nakaz przestrzegania zasady proporcjonalności wynika wprost z przepisów prawa bądź też jest z nich wyprowadzany. Poszanowanie tej zasady jest jednym z warunków stworzenia regulacji prawnej adekwatnej do potrzeb społecznych, służącej dobru i słuszności. Jej respektowanie wpływa też na wzrost autorytetu prawa oraz pogłębianie zaufania do jego przepisów.&#x0D;

A Review of the Lagos State Real Estate Regulatory Authority Law

A Review of the Lagos State Real Estate Regulatory Authority Law