Legislative Texts Research Articles

The Customer Caste: Lawful Discrimination by Public Businesses

It is legal to follow and watch people in retail stores based on their race, give inferior service to restaurant customers based on their race, and place patrons in certain hotel rooms because of their race. Congress enacted Title II of the Civil Rights Act of 1964 to protect black and other people of color from discrimination and segregation in public accommodations — places where people receive goods, food, services, and lodging. Scholarship has not analyzed how well Title II and Section 1981 of the Civil Rights Act of 1866 have functioned in this arena. An examination of this case-law shows that courts find numerous discriminatory and segregatory actions by places of public accommodation legal. An abbreviated look at Section 1982 of the Civil Rights Act of 1866 shows that courts have interpreted that law in the same manner as Section 1981. An assessment of the legislative history and text of Title II and Section 1981, in addition to a comparison to the interpretation of laws with similar purposes, demonstrate that the federal judiciary has incorrectly constrained the law by, among other actions, adopting the heavily-criticized employment discrimination case-law and requiring a common law-like contractual relationship. Jim Crow laws ceased to exist in the 1960s, but these interpretations have created “the customer caste,” whereby people of color are subject to legal, daily discrimination in retail stores, restaurants, gas stations, hotels, banks, and airplanes.

Policy on refugee education: Textual discourse and educational structures

This paper is an attempt to illustrate the education policy having been developed since the time period prior to the economic crisis until today. The reason for choosing this time period is that it reflects major events relevant to the continuation of the local society. In this respect, reference is made to the migrants’ presence in Greece prior to the economic crisis migrants’ conditions throughout the economic crisis and the refugees’ advent in recent years. At the same time, the corresponding legislative texts and the political discourse developed throughout this period are critically analysed. The socio-political and economic conditions of this time period have been crucial to generating political discourse, social meaning and, eventually, shaping new identities, especially regarding migrants and refugees. Based on critical discourse analysis, it can be argued that the legislative administrative regulations serve the dominant political system, while on-going conservative attitudes and emerging far right anti-democratic trends operate in a segregating, rather than a unifying, manner for the entire population. Besides, education seems unable to operate in a similarly unifying pattern, leading to limited opportunity structures, exclusion and marginalisation for specific population groups, namely migrants and refugees. Therefore, given the socio-political and cultural challenges emanating from expanded migrant and refugee communities, the education policy must definitely be revisited. A renewed and updated educational discourse should be developed and put forward towards harmonising and unifying models, embracing all citizens, namely natives, migrants and refugees. This way, humanism and democracy will be perceived in their true dimension, while intercultural education will acquire its substantial dimension within the expanded multicultural societies.

Legal Concept and Legal Term: Specificity of the Correlation and Definitions (Based on Russian Laws)

The present research featured legal concepts and terms in legislative texts. The paper focuses on various approaches to legal concepts and terms, e.g. logical-hierarchical, definitional, structural-semantic, etc. The author proved that the concepts of legal term and legal concept are often synonymous. They have the same nominative function, verbal expression, modification procedure, and variability. In addition, both terms possess legislative definitions. As a result, a legislative text can be understood in broad and narrow sense. The study touched upon the following issues: (a) the institutional functions of legislative definitions (interpretative, differentiating, legal, system-forming); (b) the location of the definition within the legislative text; (c) the main methods for constructing a legislative definition (lists, descriptions, combinations) and defective legislative definitions. The paper describes reasons for the ambiguity of legal concepts (terms) and the variability of their legislative definitions. The research was based on the texts of Russian federal and regional laws, legal dictionaries, and judicial practice. The methods included discursive, categorical, and definitional approaches, as well as induction and deduction and contextual, component, comparative analyzes. The obtained results and conclusions may be used in legislative text studies, as well as by experts in legislative and judicial discourse.

استراتیجیة الولایات المتحدة الأمریکیة فی الحرب على الإرهاب «تنظیم داعش أنموذجًا»

الملخص: نظرا لخطورة الإرهاب الذي لا يقتصر على دولة بعينها، بل يمتد ليشمل عدة دول، وخاصة مع وقوع أحداث 11 سبتمبر2001 م، اتخذت الإدارة الأمريکية العديد من التدابير والإجراءات تدعيما لاستراتيجياتها الأمنية، وصدر في هذا السياق العديد من النصوص التشريعية لتعزيز قدرة السلطات الأمنية في مجال مکافحة الإرهاب، من ضمنها قانون باتريوت الصادر في أکتوبر 2001م والمتعلق بمکافحة الإرهاب، فضلا عن التحالفات والمعاهدات الدولية المتعلقة بمکافحة ظاهرة الإرهاب ووسائل تمويله. ومع صعود نجم الدولة خاصة في ظل ما يتسم به التنظيم من قوة بشرية هائلة، وامتلاکه إمکانيات عسکرية واقتصادية قوية، لذا کانت سيطرته على مساحات شاسعة في کل من دولتي العراق وسوريا أمرا واقعيا في ظل ما تتسم به کلتا الدولتين من انهيار داخلي للدولة على شتى المستويات، لذا فأصبحت مواجهة هذا التنظيم من قبل الولايات المتحدة هي الهدف الرئيس لتبنيها استراتيجيتها الخاصة لمواجهة الإرهاب. وعلى الرغم من کون الرئيس الأسبق أوباما يسعى طول فترة رئاسته إلى تجنب الدخول في أي حروب، ويرى بأنه من الممکن استخدام حلول أخرى غير الحل العسکري، ولکن مع ظهور خطر تنظيم داعش فقد بات أوباما في مأزق يوجب عليه استخدام القوة العسکرية في العراق مرة أخرى، من خلال الدخول في تحالف دولي وشن ضربات جوية على قواعد الموجودة في سوريا، وتقديم مساعدات للقوات العراقية والکردية المحاربة للتنظيم. ولکن مع تولي ترامب سلطة الإدارة الأمريکية أکد على أن احتواء انتشار التطرف الإسلامي هو أحد أهم أهداف السياسة الخارجية للولايات المتحدة، ولذلک، انطلق ترامب من موقف مبدئي مناهض للإرهاب وداعش، وعلى الرغم من ذلک إلا أن استراتيجية إدارة ترامب لمکافحة الإرهاب لم تأت بجديد فيما يتعلق بآليات مواجهة التنظيمات الإرهابية والمتطرفة. وبرغم ذلک إلا أن هناک تغيرا نوعيا في إدارة الولايات المتحدة لملف الإرهاب وخاصة في ظل إدارتي أوباما وترامب –بدرجة ما- عن إدارة بوش الابن، حيث يلاحظ بأن التدخلات الأمريکية مسبقا اعتمدت على التواجد العسکري الدائم من خلال إقامة قواعد عسکرية وأساطيل بحرية أو عن طريق الاحتلال الاستعمار کما في العراق، أو عن طريق تقديم المساعدات المالية للأنظمة الحاکمة، ولکن في الوقت الراهن اعتمدت الولايات المتحدة الأمريکية في تدخلها على العسکرية السريعة والمؤقتة والتي تعتمد في الأغلب على الطائرات بدون طيار ويطلق عليها العمليات الجراحية أو من خلال الحروب بالوکالة کما في حالة الدولة داعش. Abstract: Due to the serious threats posed by terrorism, which is not confined to a certain country but extends to several countries, and in the aftermath of the September 11 attacks, the U.S. administration has taken a number of measures and procedures to bolster its security strategies. In this context, many legislative texts have been issued to strengthen the capability of the security authorities to combat terrorism, including the PATRIOT Act that was issued in October 2001, in addition to the formation of alliances and international treaties pertinent to combating terrorism and the means of financing it. With the rise of the “Islamic State”, also known as Daesh, and in light of the immense human capabilities and strong military and economic potential that it possessed, Daesh was able to dominate vast areas in both Iraq and Syria, which both suffered from the collapse of the state at various levels. Therefore, confronting this organization by the U.S. became the main goal for adopting its own strategy to combat terrorism. Although Former U.S. President Obama sought during the entire term of his presidency to avoid entering into and believed that it was possible to resort to alternative solutions other than the military solution, he faced a difficult conundrum with the emergence of the IS threat, which compelled the use of military force in Iraq another time by entering an international coalition and launching airstrikes on Daesh bases in Syria and providing assistance to the Iraqi and Kurdish forces fighting the organization. When President Donald Trump assumed office, he confirmed that curbing the proliferation of Islamic extremism was one of the most important goals of the U.S. foreign policy. Therefore, Trump affirmed his anti-terrorism and anti-Daesh position. In spite of that, the Trump administration’s strategy to combat terrorism did not introduce new mechanisms to confront terrorist and extremist organizations. Despite this, there is a change in the way the U.S. has addressed the issue of terrorism (Daesh), especially under the Obama and Trump administrations - to some extent - compared to the Bush Jr. administration. For instance, previously American intervention relied on permanent military presence by establishing military bases and naval fleets, occupation colonialism as in the case of Iraq or providing financial assistance to the ruling regimes. However, in the meantime, the U.S. has relied on swift and temporary military that mostly depend on drones and are called surgical operations or proxy wars as in the case of Daesh.

How bureaucracies shape access to rights: the implementation of family reunification in Belgium

ABSTRACT Throughout the European Union, national governments are amending family reunification laws in order to restrict migration flows. Migration scholars point out that the judiciary is one of the factors hindering migration policy reforms from having the restrictive outcomes intended by national governments. This literature, however, tends to neglect what happens after legislative texts are written down and overlooks the continuation of the policy-making process during the implementation phase. Drawing on street-level bureaucracy literature, I address this gap by focusing on the impact of court decisions on street-level actors implementing family reunification in Belgium. Relying on ethnographic methods, I have conducted extensive fieldwork in the Immigration Office, the Belgian public agency which processes the applications for family reunification. The empirical material reveals that migration officers’ response to court rulings is based on collective representations of case law rather than on court rulings per se. Such findings shed light on the role of the administration and in particular, the collective production of meanings by the administration.

Legislative Means Aimed at Stimulating Green Procurement in the Public Sector. A Critical Case Study of Romania

In a framework characterized by a relatively high degree of institutionalization, such as that of the European Union, it became difficult to imagine that the problem of Green Public Procurement (GPP) could surpass it. The special importance of the GPP, due to its favorable effects on the sustainable development, conservation / improvement of the environment, human health, etc., to which other positive social-economic implications are added, makes it a distinct subject of both EU strategies / policies, and the related legislative system. In this respect, several directives, decisions and recommendations operate, which have obviously made a strong imprint on the policies and legislation of the Member States. Starting from the European requirements in the field, but also taking into account the regulatory framework applicable in Romania, our approach tackles legal instruments designed to stimulate GPP in the public sector, highlighting the dysfunctions in the field of green procurement special legislation. We consider here some delays in the application of the European legislation and related to the appearance of the guide containing the minimum criteria regarding environmental protection, etc., but also the existence of loopholes or contradictions in the legislative texts, as well as post-adoption deadlocks. In order to achieve the purpose of the paper, which is to demonstrate that the legislative means are capable of stimulating green procurement in the public sector, we carry out a review of the scientific literature, after which we focus on the European legislative system related to GPP. We then insist on the elaboration and implementation of national legal instruments aimed at stimulating the GPP and the arguments for strengthening the GPP system by regulatory means. Lastly, we saved an important part, that of the description of the special legal source intended to regulate the GPP in the national public sector, which is characterized by sluggishness, loopholes, post-adoption deadlocks. Our approach, in the structure shown, demonstrations that the regulatory body regarding the Romanian GPP system is characterized by inefficiency. According to the authors, the solution is implementing some legislative changes, strictly in accordance with the best European practices.

Legislative Means Aimed at Stimulating Green Procurement in the Public Sector. A Critical Case Study of Romania

In a framework characterized by a relatively high degree of institutionalization, such as that of the European Union, it became difficult to imagine that the problem of Green Public Procurement (GPP) could surpass it. The special importance of the GPP, due to its favorable effects on the sustainable development, conservation / improvement of the environment, human health, etc., to which other positive social-economic implications are added, makes it a distinct subject of both EU strategies / policies, and the related legislative system. In this respect, several directives, decisions and recommendations operate, which have obviously made a strong imprint on the policies and legislation of the Member States. Starting from the European requirements in the field, but also taking into account the regulatory framework applicable in Romania, our approach tackles legal instruments designed to stimulate GPP in the public sector, highlighting the dysfunctions in the field of green procurement special legislation. We consider here some delays in the application of the European legislation and related to the appearance of the guide containing the minimum criteria regarding environmental protection, etc., but also the existence of loopholes or contradictions in the legislative texts, as well as post-adoption deadlocks. In order to achieve the purpose of the paper, which is to demonstrate that the legislative means are capable of stimulating green procurement in the public sector, we carry out a review of the scientific literature, after which we focus on the European legislative system related to GPP. We then insist on the elaboration and implementation of national legal instruments aimed at stimulating the GPP and the arguments for strengthening the GPP system by regulatory means. Lastly, we saved an important part, that of the description of the special legal source intended to regulate the GPP in the national public sector, which is characterized by sluggishness, loopholes, post-adoption deadlocks. Our approach, in the structure shown, demonstrations that the regulatory body regarding the Romanian GPP system is characterized by inefficiency. According to the authors, the solution is implementing some legislative changes, strictly in accordance with the best European practices.

Legal aspect of AED use

Introduction. In 2000 the PAD (Universal Access to Defibrillation) program was introduced in Poland. According to the main assumptions of the programme, considering the specificity of sudden cardiac arrest, i.e. its unpredictability, the most important is to guarantee the fastest and easiest possible access to AED equipment in non-hospital conditions. Aim. The main objective of the study was to analyse the most important legal acts providing for the possibility to use the AED in case of SCA in terms of possible limitations or facilitations established by the above mentioned legislative texts. Material and methods. The materials used in the paper were unified legal acts published in the Journal of Laws and industry literature focused on the legal aspects of using the AED. The paper analyses the content of the above mentioned publications. It focused on the specification of issues or standpoints concerning legal aspects of the use of external defibrillators in public space. Selected legislative acts directly relate to the environment and the discussed issue. Results. The increasingly widespread and widespread location of defibrillator apparatus in public spaces has contributed to a kind of rift between the two aspects: 1. providing assistance to people at risk, using advances in medical technology, 2. legal conditions. Conclusions. Based on several pieces of legislation that provide for completely different aspects of the use of AEDs (the device as a medical device, the need for first-aid measures, etc.), it does not increase public interest in helping a defibrillator victim. The interpretation of individual laws does not determine the seriousness of the analyzed issue.

Participação no espaço público da escola como dimensão de justiça educativa - Projeto duma escola democrática?

Starting from a broader research on the problematic of educational justice, based on philosophical and sociological theorizations of justice and the dimensions that characterize it, this article focuses on the principles of justice involved in the construction of democratic public school, specifically on the foundation of the ideal of participatory citizenship defined by educational legislation. At the same time, it seeks to understand if and to what extent the organizational and pedagogical processes in school give rise to experiences of democratic participation and objectivation of justice as recognition. It is questioned (1) what dimensions of justice emerge from legislative texts; (2) what space for participation is assured to the students at school. A multiple case study was developed using various data collection instruments. In this paper are privileged (1) data from documents’ analysis; (2) classroom observation data. The analysis has given rise to different principles and norms of justice that are dominant in each school, as well as different objectivations of legislation.

Diseño de una planta de tratamiento de lixiviados para empresas públicas municipales de aseo integral zona 3 Ecuador

El presente proyecto tuvo como objetivo el diseño de una planta de tratamiento de lixiviados para Empresas Públicas Municipales de Aseo Integral de Ecuador Zona 3, con el fin de reducir la carga contaminante y cumplir con lo que estipula el Texto Unificado de Legislación Secundaria Medio Ambiental (TULSMA) libro VI, Anexo 1, tabla 9. La Empresa Pública Municipal Mancomunada de Aseo Integral Patate-Pelileo EMMAIT-EP a partir de un estudio técnico realizado proporcionó datos experimentales del agua residual. Se siguieron Métodos Estándares para la Examinación del Agua y Agua Residual se consiguió la caracterización física, química y microbiológica. Para determinar los datos del caudal del relleno sanitario se manejó el método volumétrico en base a los días que hay mayor descarga de residuos. Se identificó que los parámetros fuera del límite máximo permisible para descargas a cuerpos de agua dulce son: demanda química de oxígeno (DQO) 3670 mg/l, demanda biológica de oxígeno (DBO5) 7060 mg/l, nitrógeno total 13600 mg/l, sólidos totales 7080 mg/l, sulfuros 2,60 mg/l, tensoactivos 3,45 mg/l. El tratamiento aplicado fue netamente biológico con la utilización de humedales artificiales y un proceso de evaporación con el uso de la radiación solar (destilador solar). Se determinó la eficiencia de dichos tratamientos en la remoción de la carga contaminante, proveyendo los siguientes resultados en los análisis al agua tratada: DQO 125 mg/l, DBO5 71 mg/l, nitrógeno total 40,2 mg/l, sólidos totales 728 mg/l, sulfuros <0,5 mg/l y tensoactivos 0,47 mg/l; con un porcentaje de remoción promedio del 91,4 %. Se concluyó que después de la caracterización final los parámetros se encuentran dentro de los límites permisibles y cumplen con lo que estipula el TULSMA. Se recomienda utilizar materiales de buena calidad para la construcción de diferentes equipos, para ampliar la vida útil de los equipos y de la planta.

النصوص التشريعية المكتوبة المكرسة لحقوق الإنسان في عهد الرسول صلى الله علية وسلم:, وثيقة المدينة أنموذج

One of the important steps taken by the prophet of god in his construction of the new islamic state in medina is the issuance of a document establishing relations between the new muslim community itself, and between him and the human masses that coexisted in the medina , especially the jews, as it was necessary to organize a relationship between muslims and themselves, and between muslims and other people of the medina, in order to provide security and peace for all people. Key words : Legislative texts, written, human rights, muhammad the messenger of god , medina document .

Requirements for the definitions in law

The article substantiates the importance and methodological application of the theory of concept in jurisprudence. The analysis of the practical use of logic as the science in legal processes is carried out, in particular, the theoretical approaches to the formulation of definitions in law and the criteria of the correctness of normative definitions, developed by domestic and foreign specialists. The relevance and importance of giving due consideration to this aspect of the rule-proclaiming technique were disclosed. It is shown that the effectiveness of legal regulation is largely determined by the level of compliance with logical rules and laws in formulating definitions in regulatory texts, and ignoring these requirements can lead to legal errors and collisions of all kinds. In the formulated theoretical provisions of the article, the author relies on the works of logicians from Kyiv, Moscow, Kharkiv schools, who have made a significant contribution to the development of the modern version of doctrine of concepts, among them outstanding scientists: E.K. Voyshvillo, V.E. Zherebkin, A.E. Konversky, V.D. Titov and also well-known specialists in the field of law, including S.S. Alekseev, V.M. Baranov, V. Kosovich, A.V. Plotnikov, T. Podorozhna, Y.O. Pokrovsky, A.V. Khvorostyankina, etc. - all of them were engaged in the elaboration of theoretical approaches and the development of methodological recommendations on the formulation of correct legislative definitions. Given the crucial importance of legislative definitions in legal matters, the author demonstrates on the example of definitions in Ukrainian and international law that legal gaps in this aspect of rule-proclaiming technique still exist, and therefore extremely it is necessary to deepen the development of methodological guidelines for the requirements that are put forward to the definitions in law. The practical part of the study is based on the analysis of some definitions of legal concepts from the existing legislative texts. The author of the article concluded that, apart from generally accepted logical rules for the formation of definitions, the lawmaker must also take into account some specific requirements regarding definitions in law. As a result of the research, these specific requirements are formulated. Among them: constancy of meaning of the formulated concepts in different legislative texts, avoidance of evaluative and moral terms and concepts, sequence and coherence in correlation of legal concepts and categories in different legal sources, avoidance of synonyms, brevity, and completeness of the formulated definitions, use of the popular science style and avoidance of overloaded verbal constructions. Each provision was illustrated with examples of existing legislation.

Законы об утверждении документов программно-целевого характера: жанровый подход

The article presents the results of a study of the functional, formal and substantive features of the texts of Russian laws, which approve program-goal docments (development strategies, concepts, programs, forecast plans, etc.). The article is based on discourse and genre approaches to the study of legislative texts, the legislative text space as a whole. It is noted that, on the one hand, this type of laws reflects the general features of modeling and transроforming of modern legal discourse; reproduces the institutional aspects of the legislative process; broadcasts legislative intentions, strategies and tactics. On the other hand, laws that approve documents of a program-goal nature have distinctive characteristics that allow defining these laws as a separate subgenre type. The subgenre of law is defined by the author on the basis of the following parameters: (1) intention of the uthor; (2) the purpose and functions of the law; (3) the factor of the subject of legal discourse (author/addressee of the law); (4) spatio-temporal and other circumstantially determining characteristics reflected in the text of the law explicitly or implicitly (who adopted and signed the law, during which period and in which territory it is applied, etc.); (5) type of institutional action; (6) the institutional status of the law within the system of laws; (7) subject-thematic “radius” of the text; (8) formal segmentation of text; (9) features of the correlation of functional semantic types of speech; (10) degree of uniformity, subgenre markers and clichés. The formal and informative structures of program-approving laws are analyzed on the basis of the fol-lowing segments: pretext and post-text details, intra-text components, post-text application (approved document). These segments are analyzed from various points of view: obligation, localization, combinatorics, unification, etc. When conducting research, special attention is paid to structural, typological, comparative and other types of analyzes.

К ВОПРОСУ ОБ ИСПОЛЬЗОВАНИИ АНТОНИМОВ В ЗАКОНОДАТЕЛЬНЫХ ТЕКСТАХ (на материале российских законов)

К ВОПРОСУ ОБ ИСПОЛЬЗОВАНИИ АНТОНИМОВ В ЗАКОНОДАТЕЛЬНЫХ ТЕКСТАХ (на материале российских законов)

Nyugati életszabály, keleti ihletettség a 6. század eleji latin szerzetesség világából

Amongst the early Latin, pre-benedictine monastic legislative texts there is a rule called “Regula Orientalis” conserved in the Codex Regularum of Saint Benedict of Aniane. Although it says nothing about its author and the community it was written to, it is easy to discover that its text quotes a lot from the Latin version of Saint Pachomius’ Rule translated by Saint Jerome and from an other source very close to the early rules of Lerins, particularly to the so called Second rule of the Fathers. The Regula Orientalis is a detailed presentation of the most important monastic charges beginning with to abbot and the prior arriving to the doorkeeper and the kitchen service. According to the theory of A. de Vogüé, one of the greatest scholars of the early western monasticism, the Regula Orientalis was born in the first decades of the 6th century in Gaul, maybe in a monastery in the Jura mountains, and it is a fusion between the lost rule of Lerins written by abbot Marinus and the pachomian institutions. The article presents the first Hungarian translation of the rule followed by a study of its major features and of its possible dating.

PERFORMING LANGUAGE FUNCTIONS IN GERMAN LEGISLATIVE TEXTS

The article deals with the functions of legislative texts in German, describes the models of language functions in the context of pragmatic theory, and distinguishes basic, communicative, and specific pragmatic functions of the legal language. The aim of the study is to identify the specific functions of the language and to analyze the peculiarities of their manifestation in the texts of laws in German. The taxonomical and pragmatic methods along with the method of functional analysis were used to create the methodological basis for identifying the specific features of these functions in the texts of laws. As a result of the research, specific language functions were revealed - the functions of nomination, message, communication and influence in German legislative texts. The authors came to the conclusion that the functions of message and influence are more brightly demonstrated in the texts and they are implemented in the text of the law with the help of multilevel linguistic means and their combinations.

Water for life: natural resource and essential human rights to sustainable development

The alarming and increasing scarcity of drinking water on the planet adds a new paradigm in the international legal scene, in order to protect human life and ensure the promotion of quality of life for present and future generations as a form of sustainable development, that is, the paradigm of the human right to water. Thus, this article aims to present, through the evolution of the environmental theme in the international scenario, in view of the consideration of water as an objective of sustainable development in the UN 2030 Agenda, the new conception of the right to water, from the recognition of the right to the healthy environment, both being human rights, essential to the quality of life and the dignity of human life. Finally, to conclude that, although the right to water is not yet recognized as a human right in the Brazilian legal system, there is a growing mobilization in this regard in the national scenario. The methodology used was based on a qualitative approach to the problem, being a research of exploratory nature, using the methodological procedure of bibliographical and documentary research, through the analysis of doctrines, documents, legislation and other scientific texts related to the subject.

THE PRONOUNCED (LITERAL) MEANING OF THE LEGISLATIVE TEXT (AL-MANṬŪQ) IN SHAFII SCHOOL OF LAW

This paper explores the theoretical interpretations of the pronounced meaning of the legislative text (al-manṭūq) in the Shafii school of law and the consequences of such an interpretation for the rules that the Shafiis came to through their legal reasoning (ijtihād). At the beginning of the work, the discipline of linguistics is explained in the context of the Methodology of Islamic Law (Uṣūlu-l-fiqh) as well as its significance for ijtihad, followed by the difference between the Ḥanafis and the Shafiis in the classification of textual allusions (ad-dalalāt) of legislative texts, and the linguistic and terminological definition of the concept of al-manṭūq in the Shafii school of law. Also, the classification of al-manṭūq in the Shafii school of law is presented. Providing examples, the author clarifies the significance of al-manṭūq in the Shafii school of law and the way in which the Shafiis used al-manṭūq in their argumentation in support of legal rules. Furthermore, the author presents the classification of al-manṭūq and the restriction of its meaning with respect to the mafhūm al-muwāfeqa and mafhūm al-muhālefe. Finally, the value of al-manṭūq and its legal status as well as the indications in Shariah are clarified.

Introduction to the Hebrew Bible and Deutero-Canonical Books

Introduction to the Hebrew Bible and Deutero-Canonical Books

Legislating for public accountability in universal health coverage, Thailand.

Sustaining universal health coverage requires robust active public participation in policy formation and governance. Thailand’s universal coverage scheme was implemented nationwide in 2002, allowing Thailand to achieve full population coverage through three public health insurance schemes and to demonstrate improved health outcomes. Although Thailand’s position on the World Bank worldwide governance indicators has deteriorated since 1996, provisions for voice and accountability were embedded in the legislation and design of the universal coverage scheme. We discuss how legislation related to citizens’ rights and government accountability has been implemented. Thailand’s constitution allowed citizens to submit a draft bill in which provisions on voice and accountability were successfully embedded in the legislative texts and adopted into law. The legislation mandates registration of beneficiaries, a 24/7 helpline, annual public hearings and no-fault financial assistance for patients who have experienced adverse events. Ensuring the right to health services, and that citizens’ voices are heard and action taken, requires the institutional capacity to implement legislation. For example, Thailand needed the capacity to register 47 million people and match them with the health-care provider network in the district where they live, and to re-register members who move out of their districts. Annual public hearings need to be inclusive of citizens, health-care providers, civil society organizations and stakeholders such as local governments and patient groups. Subsequent policy and management responses are important for building trust in the process and citizens’ ownership of the scheme. Annual public reporting of outcomes and performance of the scheme fosters transparency and increases citizens’ trust.