Text Of Law Research Articles

Доктрина jus commune и формирование институтов публичного права

This article considers the role of the jus commune doctrine in the process of formation of institutions of public law in the period 11th-17th century as a functionally organised construction of legal reality. The research is based on the communicative methodology of law and, on the grounds of the historical and legal facts, shows how the functions of the doctrine were manifested when jus commune influenced the medieval legal reality. It concludes that the jus commune doctrine, based on the axiomatic method, by interpreting the texts of Roman and canon law, filling legal gaps and eliminating contradictions in customary, canonical and positive law, made a significant contribution to the construction of the public law segment of legal reality — the institutions of public law.

Adjacent action from the composition of the offenses provided in art. 259 of the Criminal Code

The object of the investigation is represented by the six normative variants of the adjacent action from the composition of the prejudicial act provided in art. 259 of the Criminal Code of the Republic of Moldova: 1) destroying computerized information; 2) deteriorating computerized information; 3) changing computerized information; 4) blocking computerized information; 5) copying computerized information; 6) malfunction of the computers, computer systems or networks. As a result of the examination of doctrinal opinions, relevant normative provisions and examples from national jurisprudence, one’s own view on the meaning of each of the notions that refer to the six modalities is proposed. During the investigation, the shortcomings that characterize the text of the criminal law are established and, as a result, solutions to remedy them are recommended.

Conflict and Coordination between Civil Subject System and Tax Subject System: Empirical Analysis Based on the Text of Civil Code and Tax Law

Conflict and Coordination between Civil Subject System and Tax Subject System: Empirical Analysis Based on the Text of Civil Code and Tax Law

Структурно-семантические способы гендерного маркирования юридических терминов Великобритании и США

The aim of the study is to determine the structural-semantic ways of gender explication using the legal terminology of the United Kingdom and the United States of America. The paper sheds light on the concept of “gender” in the ordinary and legal sense, substantiates the legitimacy of the influence of the gender factor on the structure and content of legal terms and concepts, provides a detailed description of the linguistic means used for gender labelling of terms. The paper demonstrates the inextricable connection of law, language and gender through the texts of laws, legal definitions, legal discourse. The scientific novelty of the study lies in the fact that using an integrated approach, the main mechanisms of gender labelling of a legal term have been identified for the first time: at the level of structure, namely through a word-formation model, through the formation of compound terms; at the level of meaning, namely through definition. As a result of the study, it has been found that gender is represented in the semantics and structure of legal terms in the United Kingdom and the United States of America. The role of gender as a system-forming factor in the development of the Anglo-American legal terminology has been proved.

Digital Evidence in Saudi Law: A Comparative Study

This research comes as part and prelude to a master's thesis in private law at King Abdulaziz University entitled Digital Documents as Evidence in Saudi Law A comparative study, by researcher Sultan Aljadani and under the supervision of Associate Professor of Civil Law, Dr. Faisal Al-Assaf. Electronic transactions have become an integral part of our daily transactions, and as a result, the Saudi legislator was keen to legislate digital means within the provisions of the new proof Law. Because of the novelty of the law, and because of the importance of digital evidence in proof, research has dealt with the answer to a problem: The extent of the adequacy of legal provisions regulating digital evidence? And emanating from it many questions that do not deviate in their content from this problem. To answer the research question, the researcher followed the comparative descriptive analytical approach, by describing and analyzing the texts related to digital evidence in the Saudi Proof Law and related laws , and comparing them with the Jordanian law. The researcher reached a number of results, the most important of which is that the Saudi legislator has enacted the procedural provisions related to digital evidence within the texts of the evidence Law, and has referred many of the substantive provisions related to digital evidence to the Electronic Transactions Law and other relevant laws. Also, the Electronic Transactions Law - due to its lack of novelty - mixed between some digital evidence, and left some other digital evidence unregulated. Therefore, and in light of the previous results, we recommend that the Saudi legislator completely re-legislate digital evidence in the Saudi Evidence Law, or re-enact the provisions related to digital evidence contained in the Electronic Transactions Law to comply with the new Evidence Law.

THE SCOPE OF INTERNATIONAL PROTECTION FOR HUMAN RIGHTS DEFENDERS IN IRAQ

Human rights defenders seek to implement and protect human rights at the international and local levels, and given the absence of an international agreement that defines their legal status and the absence of an internal law text regulating the legal status of human rights defenders, the correct treatment lies in organizing defenders with an international agreement that establishes a way to protect them. It obliges states to enact a law that defines their status internally and prevents the application of any other law that is not competent to them, and that Iraq grants international bodies the power to consider the individual complaint submitted by defenders, since the contact of human rights defenders with international bodies does not constitute a crime, but rather a right established for them under international instruments, and Develop a standard that would diagnose the peaceful defender who preserves public funds based on the declaration related to human rights defenders. Here we can ask about the effectiveness of the protection provided by international human rights law to human rights defenders, or whether the defenders rely on the protection of domestic law. Does the protection of international law necessitate the protection of domestic law or is it supportive of domestic law? Discussing and answering these questions will be the subject of our research.

Legislative Clichés: Specifics, Types and Functions

The article considers expressions (cliches) used in modern laws and model legislative acts. The concepts of "legislative cliché" and "hackneyed phrase" are differentiated. Approaches to research (discursive and genre-stylistic) and their correlation are grounded. Varieties of clichés (general, interdisciplinary, special, actional-imperative, frame-reference), functions and other features of legislative clichés are considered. Firstly, the communication of information that is universal for the legal regulation of social relations (general, interdisciplinary legislative clichés). Secondly, the identification of a specific area of regulated relations (special clichés). Thirdly, the specifying of actions that are performed in relation to legislative concepts, structural units or the legislative text as a whole (actional-imperative legislative clichés). Fourthly, the specifying of the structural units of the law, as well as ways of referring to the text of the law or part of the law (frame-reference legislative clichés). Common features of legislative clichés are distinguished: integrity of meaning, semantic stability, uniformity of structure, contextual stability (locality), regularity of reproduction, polyfunctionality; as well as potential (additional) features: transformation of the meaning, addition of components (broadening of semantics), variation of use, equivalence (possibility of substitution) but not identity. It is concluded that the legislative cliche is a discursive marker of the speech genre "Law". Research material: texts of federal laws and model acts, dictionaries of legislative terms.

Legal Heuristics and the Positivisation of Law in Dogmatic Discourse

The general opinion that the text of the law does not imply its use leads to an understanding of the role that legal dogmatics and legal practice can play in solving this problem. Common thematic field of both those lawyers’ activities allows us to distinguish a dogmatic discourse, by which and in which the law is positivised by consolidating applicable (operative) patterns of solving legal problems. These patterns are created by referring to the aspects of text, language, and system of law, but also to the history of the discourse. The positivisation of law is the result of specific legal heuristics, consisting in combining meanings, expectations, values, and existing practices in solving legal problems. Legal heuristics does not boil down to a method, but, rather, is a framework, a context, and a set of conditions for cognition aimed at solving practical problems.

The Supremacy of the Prosecutor in the Criminal Procedure-Legal Organization of Crime Counteraction

Using historical-theoretical regularities as an important factor for the development of law, the author analyzes the position of the prosecutor in the current state-legal organization of crime counteraction, as well as in the criminal process system and pre-trial proceedings. Special attention is paid to new ideas regarding criminal law impact as a procedural derivative of the text of criminal law. The thesis of the necessity to strengthen the procedural legal status of the prosecutor and to remove the artificial separation between the prosecutorial and the investigative powers is proven. Bringing an indictment and proving it in pre-trial proceedings should be transferred to the jurisdiction of the party for the prosecution in the court proceedings, so that it could fully perform these functions at the trial stages and thus ensure just and fair law enforcement and criminal law impact on crime.

The International Laws of War: Linguistic Analysis from the Perspectives of Register, Corpus and Grammatical Patterning

Abstract All texts, including all legal texts, are constructed in language. All legal constructs and discriminations are an effect of language. As such, linguistics and text analysis should be considered a necessary adjunct to legal studies and, in particular, to critical legal studies. While the disciplines of linguistics and law are increasingly interacting, there is a paucity of linguistic analysis in the field of the international laws of war. This paper seeks to open doors to collaboration, by viewing the texts of the international laws of war from three linguistic perspectives: as a ‘register’, as a ‘corpus’, and in terms of their lexicogrammatical patterning. In terms of register, the international laws of war herald a new form of textual practice, the function and effects of which are subject to debate. As a corpus, some dominant lexical habits of these texts are explored and interpreted for their ideological implications and reactances. Finally, an examination of covert lexicogrammatical meanings in this register, via a small extract from Article 8 of the Rome Statute, illuminates the contradictory meanings that these texts navigate. These three perspectives offer a preliminary glimpse into the value of linguistic analysis for critical perspectives on the international laws of war.

Kebijakan Hukum Pidana Bagi Anak yang Melakukan Pengulangan Tindak Pidana

Supporting documents and statements of appearers are the criminal responsibility for children as repeat offenders. Know the legal policies for children who commit repeated crimes and know if the law given is not based on the Law on the Juvenile Justice System but on the Criminal Code. This research is included in the type of normative research supported by juridical data which basically uses a normative legal approach with the addition of various juridical elements regarding the implementation of normative legal provisions (laws). The object of this research is normative legal research, namely research conducted by collecting legal materials in the form of books and texts of laws and regulations. The text of the legislation in question is Law 11 of 2012 concerning the Juvenile Criminal Justice System which explicitly regulates diversion which is the object of this research. The results of the study show that legal policies for children who commit repeated crimes by resolving cases of children who commit repeated crimes (Recidive) using the diversion pathway are carried out using the provisions of the SPPA Law, namely by penal mediation. Penal mediation is used in the early stages when there is a desire by the child to solve the problem, which is accompanied by related parties, namely parents, victims and their families, community leaders, and mediators in leading the forum. The principle of legal protection for children must be in accordance with the Convention on the Rights of the Child as ratified by the government of the Republic of Indonesia with Presidential Decree Number 36 of 1990 concerning Ratification of the Convention on the Rights of the Child (Convention on the Rights of the Child). Children's Rights). Legal protection for children who repeat criminal acts and those who commit criminal offenses with a sentence of more than 7 (seven) years by seeking diversion.

COMPARATIVE ANALYSIS ON INTERNATIONAL CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT POLICIES AND LAWS FOR POLICY MAKERS IN CHINA

In the current age of enhanced environmental awareness, transformation to sustainable management in the construction sector is needed. China currently produces the largest amount of construction and demolition (C&D) waste around the world, but the average recovery rate of the waste was only about 5% in 2017. In order to investigate problems in current C&D waste management in China, a cross-national comparative analysis is conducted among China and seven selected countries (Japan, South Korea, Germany, Italy, Austria, the Netherlands and the United Kingdom), to compare legal texts of national policies and laws which relate to C&D waste management and are currently being used. Through the comparison, problems in management of C&D waste in China are investigated. The problems could be concluded to: (a) inadequate guidance on recycling, (b) lack of market incentives in utilising recycled materials, (c) incomplete knowledge of stakeholders’ responsibilities, (d) lack of penalty for other stakeholders, and (e) inefficient supervision system. By understanding these problems, this paper further provides recommendations to enhance the performance of C&D waste management in China.

The framework and features of language policies in global constitutional texts.

Language policy, which is directly concerned with language practice, language ideology and language management, has become increasingly important in real social life. Explicit language policies in different fields, such as texts in law, education, and the public, have been explored for many years. However, the global comparative research on language policies in various constitutional texts (CT) is quite limited. In response, the present study aimed to investigate the framework and features of language policies in global CT through a combination of qualitative and quantitative analysis. Results showed that: 1) there were seven parts of the CT dealing with language policies, such as Preamble, General principle, The state, Fundamental rights and Duties of citizen, State authority, National objectives, and Supplementary; 2) there existed significant differences in the frequency of language policies in seven parts of the CT. Among them, language policies appeared most frequently in the part of Fundamental rights and duties of citizen; 3) the geographical location where the Constitution was enacted affected the distribution of language policies across parts. Overall, our findings suggested that the language policy in CT was influenced not only by constitutional principles, but also by the national language environment.

The obligation to limit the damages incurred to victims according to the provisions of the French and Vietnamese law

Extra-contractual liability is an important institution recognized in the civil codes of many countries, including the French Republic and Vietnam. It is the obligation to repair the damage that one causes to a third party. Or, it can be defined as the obligation imposed on a person to repair damage suffered by another person. However, in certain cases which are provided for by law, the victim of the damage will not be compensated, for example: force majeure, the fault of the victim, the victim does not apply the necessary and reasonable measures to prevent and limit the damage, etc. This article presents and analyzes the provision relating to the obligation to limit the damages of the victim, within the extra contractual liability, which interests us, in the Vietnamese and French laws in a broad way, that is to say in s relying on the texts of laws, case law and doctrine. This is a new provision, it is derived from British law (the theory of mitigation of damages), and is recognized in the Civil Code of Vietnam since 2015. Meanwhile, in France, in addition to efforts lawyers in the recognition of this provision in French law in the program of legislative reform, this question still comes up against many contradictory points of view. Through this article, the author wishes to contribute to bringing multidimensional perspectives related to the obligation to limit the damages of the victim in extra contractual liability, and at the same time to propose some solutions concerning the types of damage for which the victim is obliged to limit, necessary and reasonable measures, the costs or damages incurred by the victim in order to minimize his damage in order to contribute to the improvement of Vietnam's legal regulations on this issue.

EU ENVIRONMENTAL LEGISLATION: MITIGATION OF DIRECTIVE ILLOCUTIONARY FORCE

This article discusses the illocutionary underpinning of varying degrees of legal force of an international document, derived from the conflict between its genre and institutional nature as an act of hard law and the sphere of environmental relations associated with soft law. The purpose of the article is to identify the types of hedging and mitigation of directive speech acts in the text of binding international law, and their impact on the degree of legal force of the document. Despite the predominance of directive speech acts that correspond to the obligative deontic modality of the document in accordance with the genre and institutional strategy of mandatory prescriptions, most of the acts are presented in indirect, hedged and mitigated versions with varying degrees of deintensification of the directive illocutionary force. The mitigation of coercion contributes to the discursive strategy of consensus and solidarity in such a sensitive area of international law as environmental legislation. The study revealed that the weakening of the intensity of directive illocutionary force is achieved by employing a number of mitigating and structural devices. The unconditional validity of legal force is reduced through hedging of explicit directives by introducing the parenthetical constructions in the propositional part of the act to refer to the circumstances, i.e. to the varying interests and needs of the states that can be taken into account during the implementation of the document. In addition to hedging, mitigation of explicit directive acts is achieved through bushes – the lexemes with the semes denoting an intention to act or a deliberation process instead of actions themselves that blur the propositional or denotative scope of statements, thus influencing the categoricity of the legal norm and, indirectly, its level of obligatoriness. The next type of directive action modifications affecting the mitigation of the directive illocutionary force is achieved through structural transformations of the directive act, whereby the designation of the states as subjects of the directive action is omitted and the position of the phrasal subject is occupied by the nomination of an object or a prescription purpose in combination with a binding verb. As a result, the utterance loses its performative-illocutionary part, which significantly affects the decrease in the degree of strength of the directive illocutionary force.

A Code of Laws, Which Did Not Exist: How Began to Teach the Siete Partidas in the Universities

The author analyzes the history of the Siete Partidas of Alfonso X the Wise to establish when they began to be taught at universities and why the Partidas became the subject of lawyers’study in so late. He emphasizes that the Partidas were perceived by Castilian lawyers and notaries precisely as local law, as opposed to ius commune, represented by the texts of the Justinian Corpus and the norms of canon law. The author sees the reason for this in the language in which the Partidas was composed — the romance language never became a «language for the high culture», which means that the texts created in it had practically no chance of becoming scholastic authorities. At the end of the article, the author shows that at universities began to study the Partidas only in the midst of 18th century, after the creation of the departments of the so-called «derecho patrio». Up to this point, the legal community had kept the texts of royal law out of the university classrooms, although the most intelligent and astute of jurists recognized the need to study it.

Die Verwendung der Reichssteuer von 1427 im Spiegel der Quittungen und Rechnungsbücher

This paper examines the accounting book "Liber Teutonicorum des Ausgebens" and quittances from the state archive in Nuremberg about the imperial tax from 1427, whose intent was to finance the war against the Hussites in Bohemia. Unlike older studies, which focused on the concept and failed enforcement of the tax, this paper raises questions about the use of the collected tax money and the responsible actors involved. Therefore, the aim is to provide a new perspective to assess the imperial project, which historians often claim as a failure. Starting from the normative text of the tax law, first the members of the two institutions are determinated responsible for administrating and spending the money and it is showen how they worked together. In the second step, the quittances are discussed and the possible need for accountability for both institutions to the king and prince-electors. That leads to the third question about the role of external actors in decision-making, where the entries in the accounting books are analyzed.

THE HERMENEUTICS OF KHALED M. ABOU EL-FADL AND ITS RELEVANCE WITH RELIGIOUS MODERATION IN INDONESIA

Hermeneutics is an interpretation method that develops in the study of texts. Its usage in the horizon of Islamic text study (Qur’an and Hadith) is not an exception. One figure who discusses different areas of Islamic law is Khaled M. Abou El-Fadl. Khaled has analyzed various texts in Islamic law and their relation to people's lives. This study attempts to explore the thoughts of Khaled M. Abou El-Fadl, especially regarding hermeneutics in analyzing texts and its relation with religious moderation in Indonesia. This study implements the literature review method, where the researcher reviews several works of Khaled M. Abou El-Fadl and other relevant articles. The results of this study reveal that the core problems of authoritarianism in interpretation are the methodological procedural errors of the three elements, namely: the author, text, and reader. The meaning of a text should occur from a complex, interactive, dynamic, and dialectical process between the three elements. Interpreters cannot avoid his subjectivity, therefore an interpreter should fulfill five conditions namely honesty, sincerity, thoroughness, rationality, and self-control. Khaled Abou el-Fadl's hermeneutics is very relevant as a concept of understanding religious teachings to foster and maintain religious moderation, namely mutual understanding between religions and between denominations within a religion.

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.

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.