Purpose Of Law Research Articles

Мэргэжлийн англи хэлний хэрэгцээ шаардлагыг судалсан нь

The present research study provided a detailed description of needs analysis (NA) of Law and Social Science institute, UIA students in relation to the English education requirement. English taught for law purposes is known as English for specific purposes (ESP). The main objective of the study was the development of an ESP curriculum for Law and Social Science Institute students at the University of Internal Affairs (UIA), Mongolia. The researcher of the study utilized a Google form platform which contained a collection of both qualitative and quantitative research data. The study was conducted in the Law and Social Science Institute, UIA based in Ulaanbaatar in the academic year of 2021-2022. Participants of the study included 128 current 1-4th course students. The data were gathered utilizing semi-structured interviews and a researcher-made questionnaire. Through NA, the researchers analyzed the learners’ factors, present situation, target situation, and specialist discourse of the population. The results of the study were used to design and develop an ESP course curriculum for students studying in the Law and Social Science School of UIA.

THE HOLY QURAN PERSPECTIVE OF BUSINESS COMPETITION

This research aims to find out the term, the definition of business competition from the Qur'an perspective and to know the concept of business competition from the Qur'an perspective so that it can be a contribution to the treasures of Islamic economic science development and increasingly believe that the Qur'an can be a form of guidance in implementing healthy business competition for the realization of the primary purpose of Islamic law, namely the benefit of the ummah. The types of research used in this research are library research and doctrinal research by using descriptive analysis to describe the focus of the problem to be discussed objectively. The analysis method is used to obtain and find out the study of business competition from the Perspective of the Qur'an. The approach used is the theological, religious approach and conceptual approach. The conceptual approach is used concerning views and doctrines in Islamic law. The results of the study found that the terms of business competition in the Qur'an are not found in the Qur'an but can use the words سبق and استبق to refer to competition. While the terms of competition are found in QS. Al Baqarah (2):148, QS. Al Maidah (5):48, QS. Al Mu'minun (23):61. There are two concepts of competition for the Qur'anic perspective, first based on QS. Al Baqarah (2): 148, QS. Al Maidah (5): 48, QS. Al Mu'minun (23): 61 shows the conclusion that competing/competing is an attempt to compete positively ( فَاسْتَبِقُوا الْخَيْرَات ) by contributing sufficiently and not getting rid of entrepreneurs / other business actors and telling entrepreneurs/business actors not to harm and endanger other businessmen/business actors; To realize healthy business competition and improve the welfare of the people, every business actor must compete to provide the best products/services for consumers regardless of whether the consumer has differences in religion, ethnicity, race, or culture with business actors. Second, the concept of business competition obliges all his people to seek sustenance from the expanse of God's gift in a halal way where the search for sustenance must be carried out based on the path of goodness for happiness and benefit of humanity. The basic principles that underlie the obligation to seek halal sustenance have been affirmed by Allah SWT in Q.S. al-Mulk: 15 and Q.S. Al Baqarah: 168.

Scope and Application of Constitutional Tort in Bangladesh: An Analytical Study

The private law tort is applied in Bangladesh under the common lawjurisdiction. It is possible to first bring a lawsuit for a private law tort in the relevant civil courts and tribunals. Contrarily, the simultaneous application of Article 44 and Article 102(1) of the Constitution applies to constitutional tort. A writ petition for compensation may be filed in the nation’s constitutional court, holding the state accountable when the statutory authority is responsible for breaching the constitutional rights established in part III of the constitution. The essay compares and contrasts several features of tort law, including its effectiveness, problems of determination, and financial factors, drawing on case studies in Bangladesh. To investigate the purpose and application of tort law in Bangladesh, it closely examines scholarly literature and well-known cases. It also examines common misunderstandings about the application of torts, the defense of individual and societal rights, the formalization of tort cases in courts, the many forms of legal remedies for damage, and other issues. People who have damaged governments or public authorities cannot seek compensation because they are unaware of constitutional tort law. This article will concentrate on the need for a compensation remedy when a public official or employee violates a citizen’s fundamental rights. Additionally, the constitutional tort should be considered while analyzing vicarious liability.

SIRRI MARRIAGE FROM THE PERSPECTIVE OF ISLAMIC LEGAL PHILOSOPHY

This research aims to describe the study of Islamic legal philosophy regarding unregistered marriages, with the problem of how to carry out unregistered marriages, the factors that influence them, and how Siri marriages are according to the review of Islamic legal philosophy, to describe the implementation of unregistered marriages and the factors that influence them, as well as analysis of Islamic legal philosophy on the implementation of unregistered marriage laws. This research is library research with sources from literature that talk about unregistered marriages and Islamic legal philosophy. Research shows that the factors that influence unregistered marriages are religious factors, not having the approval of parents, economics, muamalat, infidelity, and polygamy. From a juridical perspective, a review of Islamic philosophy states that the legality of a marriage is as stated in Article 2 paragraph (2) of Law No. 1 of 1974 concerning marriage, that every marriage is registered according to the applicable laws and regulations. In the compilation of Islamic Law, article 5 paragraph 10 also requires that every marriage that takes place be recorded to ensure marital order for the community. Based on the study of ushul fiqh, registration of marriages or marriages, apart from guaranteeing legal certainty for husband and wife couples, it is also necessary to pay attention to the Maqashidu Syari'ah aspect (purpose of law) in Islam, namely that marriages or marriages that are not registered will cause a lot of harm or harm to husband and wife couples. the results of the marriage as well as for parties related to the marriage.

Unilateral Acquisition and the Requirements of Freedom: A Kantian Account of the Judicial Exceptions to Patent Protection

AbstractFor obscure reasons, courts exclude some statutorily patentable inventions (‘judicial exceptions’) from patent protection. These exclusions have been criticized for impeding innovation, contrary to the purpose of patent law. I argue that freedom requires these exclusions even if they impede innovation. Patents, like property, can be unilaterally acquired, limiting others’ freedom without their consent. Kant explains why, to reconcile property with equal freedom, only rivalrous objects in acquirers’ first possession can be unilaterally acquired. States can rightfully authorize unilateral acquisition of only these objects. Drawing from Kant, I explain how patent protection conflicts with equal freedom unless patented inventions involve inventive uses of rivalrous objects external to human bodies. Enabled by inventive concepts, these uses would be impossible without these concepts, and are thus in the first possession of their inventors. I then show how the most recent United States Supreme Court judicial exception decisions limit patent protection to inventive uses of rivalrous external objects.

PERCOBAAN PEMBUNUHAN SEBAGAI MAWANI‘ AL-IRTH DALAM KHI PASAL 173 DILIHAT MENURUT PERSPEKTIF MAQASID Al-SYARI‘AH

Trial of Assassination is an action carried out with the intention of killing people, but the person who wants to be killed does not die. In KHI Article 173 stated that the trial of assassination were prevented from inheriting, but in fiqh did not mention this, because that was the result of ijtihad by Indonesian Islamic law experts. Based on this, this research attempted to explain the provisions of the KHI regarding the trial of assassination as mawani' al-irth, and the provisions of KHI regarding the trial of assasination as mawani‘ al-irth seen in the motivations behind it. Both of these will be studied using the perspective of maqasid al-syari'ah. The type of research used in this thesis is library research (qualitative research). Sources of data from this study come from the book al-Muwafaqat, Tasyri 'al-Jinaai al-Islami, Al-Fatawa al-Fiqhiyyah al-Kubra, Al-Tahzib fi Fiqh Imam Al-Syafi'i and the book Compilation of Islamic Law by Cik Hasan Bisri, as well as books and journals relating to maqasid al-syari'ah and mawani' al-irth. Data collection method is carried out in documentation and data analysis method in the form of qualitative descriptive. The results of the study indicate that the provisions of the KHI Article 173 concerning trial of assassination that’s hindered from inheriting is not suitable to be applied. Because the trial of assassination does not cause a person to die. Then in KHI also do not recognize the term forgiveness, even though the opportunity to be forgiven by the own heir is very large. Furthermore, in KHI, it does not consider the background of doing this action, even though between one person and another person has different intentions and objectives. Although the trial of assassination is a case that violates the existence of maqasid al-syari‘ah from the needs of the dharuriyyah, which is guarding the soul (hifz al-nafs), the benefit here is to apply a law according to the conditions that it wants. Because the basic purpose of Islamic law (maqasid al-syari‘ah) is to gain benefit and prevent damage (mafsadah).

Human Traffickers’ Fair Trial Rights and Transnational Criminal Law

The right to a fair trial is enshrined in international and domestic law around the world. This article makes the simple argument that the focus on the rights of victims of human trafficking and efforts to increase the rate of prosecutions of human traffickers should not come at the cost of alleged traffickers’ rights to a fair trial, as a failure to uphold fair trial rights places them at risk of unfair prosecution. I consider the extent to which the transnational criminal legal regime regulating human trafficking at the international level provides for these fair trial rights, suggest that the fundamental purposes of transnational criminal law exist in a state of tension against the aims of the international human rights regime, and conclude that further empirical research on the legal experiences of human traffickers is necessary.

Law’s Dark Clarity: Hugo and the ‘Misery’ of Legal Categorizations

Abstract Laws punish delinquents after having made them such, and yet this is not inevitable. At work in this phenomenon is a melding of ‘ought’ and ‘is’ in which the law renders criminal behavior perpetually determinative by recognizing only a duty to abide by statutes while simultaneously losing site of the magma of meanings and behaviors that constitute human lives. Using the core of Hugo’s epic Les Misérables as a kind of mirroring illustration, this paper will explore how categorical rigidity and blindness to the changing contours of identity and subjectivity constitute one dark side of the law. Hugo’s work demonstrates the importance of literature as a parallel narrative that can illuminate law’s limitations, specifically, its tendency to conceal through certainty, ignoring the actual possibilities of becoming for the subjects it is charged to rule and protect. I will argue that in Les Misérables we can see an inversion in the order of priority between narrative commitment and social criticism, specifically a meta-legal criticism that has specific insights regarding how law obfuscates the ought/is divide and, in so doing, loses legitimacy and collapses in on itself. Issues of human dignity, social responsibility and the very purpose and legitimacy of law can be constructively addressed through parallel analysis of Hugo’s world of ‘the wretched’ and those the law renders wretched even today.

The ABC Test: A New Model for Employment Status Determination?

Abstract The tests for identifying who is an ‘employee’—the gateway for a multitude of employment rights—have preoccupied generations of labour lawyers. It is relatively rare, however, to see a significant change in the law itself in this area. We are currently witnessing such a rare change in the USA, where a new test called the ‘ABC test’ was adopted in California and is gaining support elsewhere. The new California test starts with a legal presumption of employee status. To rebut the presumption, the hiring party has to demonstrate that all the following conditions are satisfied: no control over the worker, the work is outside the usual course of the employer’s business and the worker is customarily engaged in an independently established business. The goal of this article is examine whether this new test is normatively better than previous tests and should be regarded as a model for legislation in other countries as well. Our assessment is made in light of three benchmarks: whether the new test successfully advances the purpose of labour laws, whether it adopts an optimal balance between selectivity and universalism, and whether it strikes an optimal balance between rules and standards. Our conclusion is generally positive, but at the same time we argue that some modifications are necessary to improve the test and make it a useful model.

PENYELESAIAN SENGKETA BATAS WILAYAH NEGARA MENURUT PERSPEKTIF HUKUM INTERNASIONAL


 
 
 
 International Law is a set of rules consisting mainly of principles and rules of conduct that are binding between countries and are therefore generally adhered to in the relations of countries with each other. International law aims to establish order and justice in the international community. But behind the purpose of international law to establish order and justice among countries, in today's reality in various parts of the world there are still problems related to the territorial boundaries of countries. The vast territory of a country makes the area very important for a country. Based on international law, the territory of the country consisting of land, sea and air is one of the very important elements for the place where people settle and the government realizes sovereignty and applies its jurisdiction. So international law is expected by the community because the international community is not static, because of this matter International Law also develops in accordance with the development of society.
 
 
 

야구장 응원가 저작권 침해 사건으로 살펴본 이용자의 권리-서울고등법원 2021. 10. 21. 선고 2019나2016985 판결을 중심으로-

Since 2017, sports fans have suddenly been unable to sing the so-c alled ‘cheering songs’ sung by baseball game visitors, or sports fans, at baseball stadiums. Baseball stadium cheering songs are usually mad e by changing existing music into cheering lyrics and music. Existing music can be divided into the music that with the expired copyright pr otection period that has entered the realm of Public Domain, and the music is still covered by the copyright protection period. The authors of existing music claimed that the transformation of their music into c heering songs violated their copyright. About 20 song/lyric writers file d a lawsuit against the Samsung Lions for damages, claiming that the professional baseball club modified the song without consent and used it as cheering songs. The problem in the case at issue was whether t he transformation violated the copyright of the existing music copyrig ht holder, the copyright of the copyright holder, the right to write sec ondary works, the copyright to maintain identity, and the right to displ ay names. The court of first instance held against the song/lyric writers. The baseball clubs paid for the use of their work and used the song as ch eering songs for a considerable period of time, and the partial of chan ge the songs for use as cheering songs was not deemed to violate th e rights claimed by the plaintiffs. The appeals court reversed and held partially in favor of the plaintiffs. However, the actual benefit for the plaintiffs was not significant as only the infringement of the right to in dicate the name was recognized on appeal, and the amount of compen sation less than 10% of the claim was recognized. The sports and music sector, which was addressed in the court deci sions, takes up a large proportion of the cultural industry, and it is ne cessary to consider various intellectual property users. The court's co nclusion appears to have taken into consideration the cheering culture of visitors to the baseball stadium. It seems to be a ruling that consid ers the rights of those who use works for the purpose of the Copyrig ht Act and contributes to the improvement and development of the sp orts industry. In the end, it is a meaningful judgment that reconsiders the purpose of the copyright law of “exercise of copyright in accordan ce with the purpose of using a work and fair use of a work” and confi rms the importance of signing a clear contract to prevent disputes.

RIGHTS AND DIGNITY OF SENIOR CITIZENS A Socio - Legal Analysis

Aging is an inevitable consequence of life. Elderly are the valuable treasures of our society with superior knowledge and have a linkage of the past, present and future that was then passed to forthcoming peer groups and served as a healthy bonding between young and elderly. The paper provides highlights of certain rights of senior citizens and challenges faced in recent times. How far have we as a society come to give a better life to elderly? The westernization and modernization of society has resulted in a “cultural shock” but society should be so developed to retain its values, culture and civilization. Human Rights are part and parcel of Human Dignity, adequately secured by various provisions of Indian Constitution, national and international texts. The Indian judiciary has frequently addressed many issues of the social relationships by stressing on constitutional provisions peculiarly Article 14 and 21. In this year 2022, India will be celebrating its 75th Independence but the intent behind this legislation pertaining to elderly is yet not fully achieved. A character of law cannot be seen in isolation, above that it needs to be emotionally connected which will serve the true purpose of a particular law because certain matters in our society are emotionally connected to people. Despite the physical health problems, they are affected by mental health issues, the Covid-19 Pandemic accelerated doubts such as ‘End of life’ and additional burden of the deadly disease and associated evils of social distancing. There exists a need for more age-friendly cities in India to combat loneliness. The maturity and seniority should not be taken as a word but an actual sense of superiority is needed towards observing them as a resource rather than a burden.

Confidentiality in Mediation in Resolving Property Disputes: Reality and Challenges

Mediation is a process based on the interests of the parties, which increases the mediator's rights to the extent permitted by the disputing parties. The story of the apple heart and rind related to mediation also seems to be easily understood, but, at the same time, it is considered to be a complex problem. In collective disputes, the right of the Minister of Labor, Health and Social Affairs to receive a report from a mediator comes in collision with the requirement of the normative act to the mediator to keep confidential all information entrusted to him during the mediation process. In fact, this regulation requires a change to specify clearly what type and amount of information a mediator is required to provide to a minister. Also in This work is explained the legitimate grounds for breach (break) of confidentiality. in the course of obligation to disclose information by another court decision, the court should only require the disclosure of information directly related to the case from the mediation participants. At the same time, the restriction that information should be disclosed only to an adequate and proportionate extent to a lawful purpose can be considered as a useful tool for the protection of a legitimate purpose – the confidentiality of information. Ultimately one of the important functions of a mediator for the successful completion of mediation in business disputes is to focus on the interests of the parties.

The goals of EU competition law: a comprehensive empirical investigation

AbstractFor any field of law, the goal it was designed to achieve permeates every aspect of its application and interpretation. This is particularly true when the black letter of the law is cryptic and silent on most aspects of how it should be interpreted and applied, as is the case with competition law, which for the most part revolves around a small number of highly abstract provisions. It is only natural then that ample scholarly work has been devoted to identifying the goals and purposes of competition law. By and large these attempts have been textual, historical, and teleological. We introduce here instead a quantitative analysis of the case law and present the results of the first empirical study into the goals and purposes of EU competition law as they emerge from the entirety of the case law of the European Court of Justice, opinions of the Advocate Generals, Commission decisions, and speeches of Commissioners for Competition. This body of almost 4,000 sources paints a comprehensive picture of the underlying goals of EU competition law, and helps conclusively confirm some previous insights while debunking others, thereby helping to advance the present application and future evolution of competition law.

'Government Company' – Is It 'State' For the Purpose of Constitutional Law

'Government Company' – Is It 'State' For the Purpose of Constitutional Law

The evolution of the position of Italian Case law concerning public policy in transnational family matters, in view of some recent judgments of the Italian Court of Cassation and Constitutional Court

The position held by the Italian case law concerning public policy in transnational family law matters has recently experienced some interesting developments, showing an enduring ambiguity between two different notions of public policy for the purposes of private international law, between a “truly international” conception of public policy, whereby it should be considered as purely limited to internationally shared legal principles, concerning especially the protection of fundamental rights, and a more traditional notion. According to the latter notion, public policy for the purposes of private international law shall be considered as embodying mostly national principles, identifying the fundamental attitude of the country at the relevant time, as reflected non only by its constitutional rules, but also by the rules embodied in domestic legislation, insofar as these translate into concrete rules the general principles embodied in the national constitution. Some recent judgments by the Italian Court of Cassation and Constitutional Court concerning topical issues of family law, with particular regard to surrogate motherhood, full adoption by same-sex couples, and repudiation, are particularly telling of this state of affairs. As the author proposes, the dichotomy between the said two notions of public policy for the purposes of private international law is likely to be overcome by suggesting a more flexible reading of the traditional notion, likely to encompass within its scope also those internationally shared legal principles concerning fundamental rights, embodied in the different notion mentioned above, with particular regard to the protection of the best interest of the child, as well as of gender equality.

The Development of The Labour Law of the European Union in 2019 – New Sources and New Perspectives for a More Reliable Legal Framework of Labour Relations. Part One: European Labour Authority – Establishment and Legal Characteristic

In 2019 the development of the labour law of the EU received a strong impetus. The questions of the EU social policy were among the leading activities of all EU institutions. Two acts in the field of EU social policy, adopted in 2019, attract attention because they are expected to have a structural role in the future development of European labour and social law. These are Regulation (EU) 2019/1149 and Directive (EU) 2019/1152. Both acts were adopted under the ordinary legislative procedure, both acts have an identical story about their adoption, and were not accidentally adopted on the same date and published in the same issue of the OJ of the EU. The adopted acts of the EU law in the social field are the logical final step in the multi-year progressive efforts for adequate coping with the many problems and challenges facing the internal market, incl. labour market, which became a reality in the second decade of the 21st century. Given the size of the normative content of both acts, their social and legal purpose and importance of labour law and social policy of the EU, it is necessary to analyse them separately. In the following lines, as part one of a more comprehensive study, will be presented the background and establishment of the European Labour Authority, as well as its legal characteristic – functions and bodies. The statement does not claim to be exhaustive – it marks the beginning of a study on the place and role of this new body in the ever-current EU social policy.

Analisis Yuridis Perceraian Disebabkan Suami Biseksual (Studi Putusan Pengadilan Agama Pariaman Nomor 69/Pdt.G/2019/Pa.Prm)

Marriage is an inner and outer bond between a man and a woman as husband and wife with the aim of forming an eternal and happy family based on God Almighty. (Law No. 1 of 1974). Divorce is the breaking of marital ties between husband and wife by court decision and there are sufficient reasons that between husband and wife will not be able to live in harmony again as husband and wife. Bisexual is a person who has sexual attraction to two different genders at once. What are the legal consequences that are born after the breakup of a marriage because the husband is bisexual, How are the judges' considerations in deciding divorce cases because the husband is bisexual. The type of research used is normative juridical obtained from library materials. The nature of this research is descriptive analysis, namely to obtain a systematic, factual and accurate description of the problems studied. Collecting data in this study through library research with data collection tools using library research and interviews. Bisexual behavior can be used as a reason to sue for divorce because the purpose of marriage law is to create peace in the household and society and avoid the benefit that destroys the human generation. The legal consequences that were born after the termination of the marriage because the husband was bisexual were experiencing conflict, inharmonious communication relationships, the existence of mafsadat and maslahat elements as well as making the marriage divorced. The judge's consideration in deciding divorce cases because the husband is bisexual is that there is harm in one of the partners, there are 6 (six) ).

A Critical Analysis of Sentencing in Criminal Law: The Case of Cameroon and France

Mankind is a companionable being and the fact of staying together with varying and various characters usually gives rise to differences. If these differences are not sorted out amicably they may degenerate into disputes or conflicts with far reaching consequences. These disputes may be settled in either a civil or criminal court depending on their nature and the choice of the victim. While the aim of a civil action is to pay damages to a victim who has suffered prejudice as a result of another person’s tortuous act, a criminal action is aims principally to punish an offender whose action offends the society as a whole. The paper however, is concerned with criminal law. The purpose of criminal law is self-protection and to prevent harm to others. In this light, this paper after making clarifications of key concepts, analyze the relevance and actors of sentencing under international criminal law. The paper also seeks to provide the limited province of the judge in sentencing as well as appraise the legal provisions and mechanisms of sentencing in Cameroon and France. In effect, the paper concludes with some salient measures in order to blend theory and practice for effective implementation of Sentencing in Cameroon and France Criminal Law.

Standing and Position of Islamic Law as Science in the Context of the Philosophy of Science (Study on the Tree of Rene Descartes Philosophy and the Loops of Knowledge Scheme of Gerald M. Edelman)

This study aims to find out the standing and position of Islamic law as a science in the context of the philosophy of science. Research conducted with normative method resulted in the finding that in <em>Rene Descartes</em>'s philosophical tree scheme, Islamic law, in this case is that the Qur'an and Hadith (As-Sunnah) are “rainwater” that provides the source of life for the philosophical tree. The “rainwater” enters the soil and then "absorbed" by the roots of metaphysics to then grow the stems of physics that branch into various sciences and fruits that are useful for human life as the purpose of Islamic law itself. Meanwhile, in the loops of knowledge scheme of Gerald M. Edelman, Islamic law as a science is included in the study of culture in sub-actions and societies because in principle Islamic law is sourced from the Qur'an and Hadith (As-Sunnah) is a way of life for human beings to act and behave and establish relationships with fellow human beings and society as Allah says in the Qur'an and the Hadith of the Prophet Muhammad