Text Of Law Research Articles

Nowe szaty króla – uwagi nad książką Krzysztofa Burczaka

The Emperor’s New Clothes – Remarks on Krzysztof Burczak’s Book The review essay of the book on quinque compilationes antiquae by Krzysztof Burczak offers a critique of the scope and method applied to the research on the sources of medieval canon law within this monograph. The two objectives or hypotheses of the book are too broad and were not properly justified. The research was based on limited and outdated methods. The approach to the sources of quinque compilationes did not take into account the complicated history of the transmission of canon law texts. The author overlooked the relevance of the science of canon law (e.g., glosses) and application of compilations in courts which were crucial for defending his claims. Unfortunately, the book proves that the state and quality of the history of universal canon law in Poland resembles the emperor’s new clothes.

Contents & Introduction, Law Text Culture, volume 27

This introduction to Law Text Culture Vol 27 is an invitation to acknowledge that the right time to dare to imagine decolonised law has always been now. Today is the time to pursue a law that is disentangled from the killing and domination of colonialism and coloniality. This special issue of Law Text Culture thus gets closer to decolonisation by looking directly (and not just abstractly) at the violence necessary to the processes of colonialism and coloniality by attending to the legal and theoretical, along with the embodied, affective, poetic, sonic and aesthetic dimensions of this relation.

Provisions Regarding In-Service Training of Academic Staff in Law No. 2547 and in Other Legal and Administrative Regulations in Türkiye

The subject of this study is the academic staff and the legal regulations regarding the training and development of academic staff. The main purpose of the study is to clarify the subject by explaining both the related concepts and the relevant texts of the law and to fill the literature gap on the subject. Based on the qualitative research approach and content analysis research design, the main sources are the relevant legal and administrative regulatory acts. These sources are the Higher Education Law numbered 2547 and the Law No.7100, which provides amendments to this law, the Regulation on the Principles to be Followed in National and International Employment No.18214 which clarifies the related law texts, the provisions of the amended regulation numbered 30297, The Higher Education Personnel Law No. 2914, and finally, the Academic Staff Training Program Directives of the universities. All in all, there are some important legal and administrative regulatory acts on academic staff training in Türkiye. However, numerous legal and administrative regulations, excessive diversity and inconsistency in practices render this specific legal domain complicated. Furthermore, due to the lengthy process of academic staff training and development, higher education suffers from faculty understaffing.

DIALOGISM AND MEANS OF REFORMULATION IN PUBLIC DIPLOMATIC DISCOURSE FOLLOWING CRISIS SITUATIONS

The aim of the present paper is to find out the essence of the discursive moment (understood as an act or an event having a strong social echo which gives rise to a massive amount of texts in the international sphere and in the press space) which was created by the Syrian crisis from August-September 2013 in the Romanian public diplomacy. To this purpose, we will use and analyse a heterogeneous corpus of texts belonging to different genres (press releases, interviews, public discourses) and we will outline the specialized expressions referring to international conflicts (recorded by the documents of international law) and the glosses of these expressions in order to depict the rhetoric and discursive manner in which they are used in these genres. We will also focus on the linguistic markers of the speakers taking part in the three-sided communication situation: the specialized discourse of International Law – mediation text – large audience. Another aim will be the manner in which the texts of international law are used (throughout quotation, allusions and also the adherence of the discourse to the legal articles).

Critical Discourse Analysis Studies in Customary Law Text of the Bima Land: Norman Fairclough Model

Ancient manuscripts are one of the historical relics that must be preserved in existence. Along with the development of science, the field of critical discourse analysis is increasingly in demand. But unfortunately, ancient manuscripts are still rarely studied with this field of imu. Therefore, this studyaims to present a critical discourse analysis on ancient manuscripts, namely the Bima Land Customary Law (HATB) manuscript belonging to the Bima (Mbojo) regional community in the province of West Nusa Tenggara. The presentation was delivered descriptively with Norman Fairclough's Model Critical Discourse Analysis Method. The research data is in the form of quotations of verses in the HATB manuscript. Data is collected by Listening Methods and Document Analysis Techniques. At the data analysis stage, the Norman Fairclough Model Critical Discourse Analysis is used by putting into practice all elements of its structure. In addition, data analysis activities utilize interactive analysis according to Miles and Huberman. Next, the data is presented by formal and informal methods. Based on the data analysis, it was shown that Fairclough divided the discourse analysis into three dimensions, namely text, discourse practice, and sociocultural practice. In the text of the Customary Law of Bima Land, these three things are integrated and sustainable. The manuscript was made by the people, because of the people, and in the interest of the people. The verses in the HATB text are representations of the relationship between man and God, man with man with other beings, and man with himself.

Adoption of the constitution: general principles

It has been determined that the transition period in Ukraine, as elsewhere, is characterized by the confrontation of two legal orders - the old and the new, the main distinction of which is the attitude to the 1996 Constitution. The central issue of themodern constitutional debate is the issue of gaps in the Constitution, as well as the question of who will fill these gaps, how and in what direction.The authors try to establish the main problems of the procedure for the adoption of the basic law that are relevant today through the prism of a comparative legal analysis of the procedure in foreign countries. It is indicated that the special significance of the Basic Law in the life of society and the state and its supremacy in the legal system raise the problem of using certain special forms (procedures) of its adoption. Adoption of the constitution should be understood as a complex process of deep political and legal significance, a process in which at least the following elements can be accurately identified:a) situations in which the new Constitution is adopted; b) the initiative to adopt the Constitution; c) competent body (constitutional or constituent power); d) methods of acceptance.Summarizing the experience of foreign countries regarding the adoption of the basic law and the introduction of amendments to it, it is noted that although the most common means of direct democracy is a referendum, however, in international practice there are no cases when changes to the basic law were brought directly to the discussion of citizens (constitutional referendum), and its results would automatically acquire higher legal force and would not require additional coordination with the country’s parliament. As an exception, it is possible to consider issues that determine the foundations of the state system,namely: issues of sovereignty, independence, state organization, or neutrality. In foreign countries (first of all, European countries), a preliminary discussion and approval of draft amendments to the constitution by a representative body is practiced, followed by the submission of the text of the draft law to a referendum.

Gender Equality in Islamic Inheritance Law: Rereading Muhammad Shahrur’s Thought

This article shows that the spirit of Islamic inheritance law is justice focusing on the sociological and gender roles of a man and woman in the accumulation of property on their gender role. The difference in the portion of legacy is not determined by sex. Shahrur’s gender responsive-reading of inheritance law text cannot be separated from its historical root and is always discussed with the current social context. Legacy distribution is based on female heirs’ position, while men’s portion adapts to the existence of female heirs, besides the kinship factor. Shahrur’s idea with the theory of hudud is offered to be an alternative model of Indonesian inheritance law reform.

Human-Pig Chimeric Organ in Organ Transplantation from Islamic Bioethics Perspectives.

The use of pig derivatives in medicine is forbidden in Islamic law texts, despite the fact that certain applications offer medical advantages. Pigs can be one of the best human organ hosts; therefore, using human-pig chimeras may generate beneficial impact in organ transplantation, particularly in xenotransplantation. In Islam, medical emergencies may allow some pig-based treatments and medical procedures to be employed therapeutically. However, depending on the sort of medical use, emergency situation might differ. Using Islamic legal maxim as bioethical framework, the purpose of this study is to examine the use of pigs for the purpose of human-pig chimeric transplant from the perspective of Islamic bioethics. According to the findings, chimeric organ transplantation using pigs should only be done in emergency situations.

QATH’I DAN ZANNI SERTA PERAN AKAL DALAM MENGINTERPRETASIKAN NAS

Qath'i and zhanni in Usul fiqh are used to explain the source texts of Islamic law, be it al-Qur'an and hadith in two respects, namely al-tsubut (existence) or al-wurud (the arrival of the source truth) and al-dalalah (interpretation). In the context of qath'i and zhanny al-wurud, the scholars agree that the Qur'an and the mutawatir hadith are qath'i. However, they differ in terms of qath'i and zhanny from the side of al-dalalah. Ushul fiqh scholars state that if a religious text contains only one clear meaning and cannot open up the possibility of other interpretations, and mentions certain numbers, then the text is considered a qath'i text from the side of al-dalalah. Meanwhile, contemporary scholars argue that the concept of qath'i and zhanni al-dalalah, both the Qur'an and Hadith, cannot be seen from the clarity of the meaning of the pronunciation but also the desired essence of the pronunciation. Intellect is a thinking tool contained in humans, human reason is different from other creatures because reason is only given to humans and is not given to other creatures. This difference makes humans superior and smarter in managing their lives. Therefore, humans with clear intelligence will find God as the end result of real life.

The Fluidity of Borderlands

This introduction to the special issue considers the central themes raised by the volume’s contributions as a whole, focusing on their collective interest in the political and cultural — as opposed to geographical — fluidity of borderland zones in early medieval Britain. To highlight these important points, two case studies from the Anglo-Welsh border region are discussed: the Old English legal text known as the Dunsæte Agreement or Ordinance concerning the Dunsæte and the tradition preserved within some Welsh law texts that legal reforms were enacted by the Welsh ruler Bleddyn ap Cynfyn (king of Gwynedd from 1064 to 1073), both of which underscore the fluidity of frontiers on a political level.

Inheritance Rights of Women in Makassar Society: A Study of Living Qur’an and its Implications for Islamic Law

The division of inheritance is one of the main problems in Islamic law. The legal basis for inheritance division refers to the Qur’an and hadith as the sources of law. However, there are different interpretations and practices in society regarding the division of inheritance for women and men. Here, this paper examines the practice of dividing the inheritance of women and men with the living Qur’an approach, and also maps out the forms of reception that occur in society and its implications for Islamic law. This qualitative study used the living Qur’an approach and collected the data by means of literature review and in-depth interview in three areas, namely Makassar City, Gowa and Bulukumba. The results of the study revealed that the people of Makassar have always divided inheritance based on the legal sources combined with customary law (adak). In this context, the community reception is grouped into three: first, the community that gives women the inheritance rights in accordance with the text in the Islamic law of a 2: 1 ratio (2 for male and 1 for female); second, the community that divides the inheritance through musyawarah (deliberation) and mufakat (consensus); and third, the community who carries out the inheritance settlement in court. In this case, however, the community tends to settle more through musyawarah and mufakat based on their customs and habits to maintain family integrity. This is because women are positioned with respect, while family problems including inheritance are part of siri' (shame). The division of inheritance to women from the point of view of the living Qur’an has an implication for flexible Islamic law as there is an integration of traditional Islamic teachings and culture within society.

Features of Headings of Legislative Texts (Case Study of the Federal Law "About Bases of Protection of Public Health in the Russian Federation")

The paper attempts to describe the features of the headings of legislative texts as in the case of the Federal Law " About bases of protection of public health in the Russian Federation". It has been concluded that in the law there function headings of different types: headings that do not belong exclusively to the field of legal texts and can be used in texts of other types, and legal headings proper, which have specific features that are characteristic only of legal discourse. Such titles are a fairly stable type of titles within the discourse under consideration and are relatively independent structural units of the law. In this article, legislative headings proper are characterized as microtexts with legal semantics, which are relatively independent elements of legislative discourse, serving as a “code” of specific legal information and, as a result, expressing certain meanings of deontic modality (modality of duty). Based on the analysis of titles presented in this paper, it has been concluded that, despite the traditional perception of titles as non-predicative units, and therefore devoid of modal meanings, in a number of legislative titles this category can be expressed implicitly, and in some titles even partially explicated. In the text of the federal law under consideration, several separate groups of legislative titles proper are distinguished, which include: a) titles with a zero modality indicator; b) modal headings with the semantics of procedurality expressed by a verbal noun; c) proper nominative headings, the modality of which is established in relation to headings of a larger level.

Концептуальное значение юридических понятий в немецкоязычном юридическом дискурсе

The purpose of the study is to identify the conceptual meaning of legal notions that are compound words according to their structure and contain the lexeme “Gestaltung-” / “-gestaltung” as the first or second component based on a conceptual analysis of the texts of laws and bylaws belonging to various branches of German law. Scientific novelty of the study lies in describing the conceptual meaning of legal terms within the framework of the linguocognitive approach. As a result of the analysis, the conceptual meanings of legal terms containing the lexeme “Gestaltung-” / “-gestaltung” have been identified, namely, the understanding of the latter as 1) law-changing tools; 2) form-defining tools; 3) elements defining form and content.

Lov og lovgivning i middelalderen. Nye studier av Magnus Lagabøtes landslov

Lov og lovgivning i middelalderen. Nye studier av Magnus Lagabøtes landslov

The effect of the rules of public order in disturbing legal security (Comparative legal study)

One of the complex issues in private international law is the idea of public order, where there is almost no agreement between jurists on the adoption of a stable officer of public order, and the texts of laws in most countries did not include a comprehensive definition of this idea, and despite that, there is no dispute over the effect of public order as a push to exclude The applicable foreign law in case it conflicts with the basic concepts in the judge’s country, under the pretext that there is no legal participation between the judge’s law and the relevant foreign law. The public order plays a key role in shaping the legal system of each state, as there is within it a set of basic rules that must be applied to individuals in a peremptory manner. Rules related to public order that it is not permissible for individuals to agree on what contradicts them, and thus this idea serves as a “safety valve” that protects the fundamental foundations of society. It also aims public order within the framework of internal and international relations with a foreign element to achieve one main goal, which is the protection of the national legal system and the strengthening of the basic laws of the state. What is related to public order in the law of a state is not necessarily considered the same in another country, and what is related to public order at a certain time is not necessarily so at a later time, so it is difficult to give a specific and disciplined definition of this idea, and for this reason jurisprudence confirms that the lesson in the assessment of whether or not the matter is related to public order is at the time of hearing the case, and not at the time when the legal center in question arose.

The effect of the legal referendum on the adaptation of the civil case

The legal referendum in the religion of God Almighty has a high status and his family have assumed the position of the heirs of the prophets in the nation, and the legal referendum is news of the legal ruling coupled with evidence by the mufti of a specific fact or issue, and that the legal ruling that is the result of a legal referendum differs from man-made laws in its source and extent. The judge’s obligation to implement them, for the judge is initially obligated to implement the laws set by the legislator, but the legislator obliged him to resort to a legal referendum in some personal status issues that the legislator did not address and left them to the principles of Islamic law that are more appropriate to the Iraqi personal status law. Thus, the judge’s authority is not absolute in resorting to To the legal referendum, but only by way of gradualness. Thus, the legal referendum has an impact on the adaptation of the civil case. This seems clear by referring to the decisions of the Federal Court of Cassation, as the judiciary of this court has established that the judge must resort to the legal referendum in issues that have no text in the Iraqi Personal Status Law.

Opini Hukum dan Harmonisasi Undang-Undang Cipta Kerja Di Indonesia

The sensitivity of harmonization to the regulation of the Manpower Law into Law No. 11 of 2020 concerning Job Creation (Omnibus law) gave birth to various debates among legal experts in Indonesia. The establishment of the Job Creation Law in Indonesia is considered not based on the methods specified in the 1945 Constitution and Human Rights. This is based on legal considerations that have been read by Constitutional Judge Soehartoyo. Following the joint agreement of the Dpr and the President, many components of the text of the Job Creation Law were changed. This article agrees with the opinion of Edi Kastro (2020), Chamdani (2022) that the role of the government is very much needed in the welfare of human rights as long as it does not conflict with other laws and regulations.

Analyse lexicométrique de la représentation des femmes dans les codes francophones du droit de la famille au Maghreb: une étude basée sur corpus

In our work we propose to investigate the linguistic representation of Moroccan, Algerian and Tunisianwomen in family law texts. Through an empirical analysis, we set out to study, from a gender perspective,how the institutional language used by the three countries of the Francophone Maghreb influences socialrelations and the unprogressive image of gender relations in North Africa. Our aim is to highlight howinstitutions see women, their status and role in society, and what is missing to achieve full social andcultural equality, even in language, between people living in the North-African region. We approach ourresearch through a quantitative and a qualitative corpus analysis, through the corpus manager and textanalysis software Sketch Engine.

Lawyers' Tale in the History of Indian Subcontinent: An Analytical Study of the Mughal Imperial System and Classical Hindu Law

Lawyers do have many skills, but their training and work are client-centered. Therefore, the major considerations remain in the interests of clients. Lawyers did play an important role in the administration of justice.The history of the legal profession and the role of Lawyers has been expounded by many scholars in their writings.However, this article focuses on representation through Lawyers in British India and analyses textual data of classical Hindu law. In the reign of Mughal emperors, particularly Muhiyuddin Muhammad Awrangzib (1658-1707), representation through lawyers was recognized, and even to date, the role of lawyers plays a significant rolein order to secure ends of justice and prevention of abuses. The paper critically discusses representation by lawyers, their role and their duties in British India. In particular, it analyses the text of classical Hindu law by contextualizing the text of Classical Hindu Books. Finally, it establishes that for the first time in the reign of Aurangzeb, Vakil-e-Sarkar or Vakil-e Shara were appointed as lawyers (Vakils) to defend the State in the suits filed in every district. It also finds that classical Hindu law recognizes representation through lawyers.

Place Of Norms On Enforced Disappearance In The Criminal Law System Of Ukraine

The norms of the current Criminal Code of Ukraine are analyzed in the part related to criminal liability for enforced disappearance, as well as draft criminal law norms regarding the implementation of international acts on enforced disappearance. The dual nature of enforced disappearance (as isolated criminal offenses and as a widespread or systematic practice) is explored. Objects affected by enforced disappearance in both of these manifestations have been analyzed.The position is defended and argued, according to which a necessary constructive feature in the composition of enforced disappearance is «leaving a person without the protection of the law.» The lack of this feature in the text of the current Article 146-1 of the Criminal Code of Ukraine, as well as in the text of Art. 442-1, by which the code can be supplemented (provided the signing of the Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine Regarding the Implementation of International Criminal and Humanitarian Law»), as well as in the text of the relevant articles of the Draft Criminal Code (developed by the Working Group on development of criminal law of the Commission on Legal Reform). A conclusion is drawn on the need to include this constructive feature in the text of the national criminal law on enforced disappearance and on the need to place it in Chapter XVIII of the Special Part of the Criminal Code of Ukraine.