Text Of Law Research Articles

О лингвистической экспертизе законопроектов

The article is devoted to the problem of determination of the subject of linguistic expert examination of draft laws on the basis of the current legislation analysis in the aspect of theoretical and applied linguistics. In this research the author uses the comparative, statistical methods, as well as induction, analysis and synthesis. The article analyzes different types of definitions of linguistic expert examination of draft laws, and examines some problems related to the expert analysis of draft laws. The author of the article notes certain features of correlation between linguistic expert examination of draft laws and legal expert examination of draft laws. The author expresses her own position in relation to the concept and content of linguistic expert examination of draft laws, on the basis of the current practice in the rule-making sphere. The author pays attention to the criteria for evaluation of the text of the draft law: “consistency of presentation” (allows analyzing and evaluating linguistic units and the text of the draft law as a voice unit), “literacy” (allows checking the draft law text for grammar, spelling, punctuation, slips, factual or technical mistakes) and “matching style” (allows analyzing and evaluating the draft law text talking into account the compliance to stylistic features of drafting legislative texts).

Pedagogy of social transformation in the Hebrew Bible: Allowing Scripture to inform our interpretive strategy for contemporary application

The Hebrew Bible itself teaches its readers and listeners how to learn. Its pedagogy of social transformation instructs contemporary Christians how to interpret and apply lessons from Scripture in a manner that is consistent with the orientation, priorities and methods inherent in the text. This article demonstrates that relationship and identity are the necessary precursors to biblical education. It then considers the educational perspective for social transformation within the Hebrew Bible. The analysis explores the purpose and process of education for social transformation and the pastorally oriented pedagogy that the Bible utilises to advance moral development and prevent hermeneutic bias. Lastly, the article considers how the narrative, Law, prophets and wisdom texts in the Hebrew Bible train in social critique. This article helps Christians to develop a biblically based hermeneutic of the Hebrew Scripture’s social transformation for application today.

‚Patientenautonomie‘ und ‚Lebensschutz‘

Abstract On the basis of a law text corpus which consists of judicial decisions and jurisprudential papers on so-called assisted suicide from 1977 to 2011, agonal centres are determined within the paradigm of corpus-based pragma-semiotic text analysis. Agonal centres are defined as action-guiding concepts that are in conflict with each other concerning the general acceptance of event interpretations, options for actions, claims of validity, contextual knowledge and values. These action-guiding concepts are derived with the help of quantitative and qualitative methods. Discourse linguistic interpretations are thus rendered more objective with the help of semi-automatic methods; furthermore, specific discourse features of the discourse and approaches to interpretation can be derived from (un)expected linguistic significances of occurrence, distribution, frequency etc. at the linguistic surface. Finally, these agonal centres specific to the language of law are compared to agonal centres which are determined on the basis of a media corpus on the same issue. This provides a comparative insight into the constitution of a seemingly identical fact in everyday and special language, which demonstrates the sociopolitical relevance of analysing the constitution of reality as instructed by language.

Conversion of Legal Text to a Logical Rules Set from Medical Law Using the Medical Relational Model and the World Rule Model for a Medical Decision Support System

Automated formalization of legal text is a time- and effort-consuming task, but human-based validation consumes even more of both. The exchange of healthcare data in compliance with the medical privacy law requires experts with deep familiarity of its intricate provisions for verification. The article presents a medical relational model (MRM) for the extraction of logical rules from medical law, required to design a medical decision support system (MDSS) that facilitates the process of exchanging data electronically with minimum human intervention. The division of medical law into small concept classes makes it easier to formalize the legal text of medical law into logical rules. These logical rules are then used to make a precise decision in compliance with the law, after evaluating requests from different entities for different purposes in MDSS. Our methodology is to analyze the legal text and release records in compliance with the medical law. For developing countries where medical laws are not as mature as HIPAA (Health Insurance Portability and Accountability Act) in the USA, the proposed methodology can be adapted to build their MDSS based on MRM.

La interpretación en materia tributaria.

Abstract. This work is based on the assumption that language is a constituting element of law. Language not only talks about the object (Science of Law), but also participates in its constitution (positive law). Although it is true that there is no legal phenomenon without written or unwritten regulations, it is also true that one cannot imagine law without a language, either idiomatic or not, which can act as an expression vehicle. I hold the conception that to interpret means to place values on symbols, i.e., assign meanings, and through these, references to objects. The interpretative proposal contained in this article is obviously based on certain assumptions and searches for adequate instruments to explore texts of positive law in depth, breaking them down into four interpretative subsystems, all of them classified as legal. These divisions are obviously merely epistemological, their boundaries being unable to visualize when treating literality of texts superficially.

Kedudukan dan Kewenangan Komisi Penyiaran Indonesia Daerah (KPID) Atas Hak Publik dalam Penyelenggaraan Penyiaran di Provinsi Sulawesi Tengah

The issue of Regulation No. 32 of 2002 about the Broadcasting has altered the process of broadcasting system in Indonesia. The most fundamental change in regulation is about limited transfer of authority to the KPI (Indonesia Broadcasting Committee). This research is to identify some issues: first, the role of KPID (local Indonesia broadcasting committee) in the Province of Central Sulawesi in terms of the broadcasting regulations to public. Second the status and the authority of the KPID in this province in monitoring and evaluating any programs broadcasted in accordance with the Regulation No. 32 of 2002 about Broadcasting. This is a normative-descriptive research. The result of the research showed that first the KPID in the Province of Central Sulawesi has an important role in monitoring the program. In the context of democracy and community empowerment as the citizen, the existence of the strong regulation and pro-public interest are highly needed. The fact reveals that the broadcasting institution is still marginal. In terms of legal perspective, there is an inconsistent interpretation towards the texts of law as there is no detail of sufficient regulation. Second, the status and the authority of KPID in the Province of Central Sulawesi is not the authority of the Constitution 1945 but the authority given by the Law no. 32 of 2002 on the Broadcasting. The KPID in the Province of Central Sulawesi in running its tasks refers to regulation. Internally, KPID also has a drawback in running the monitoring of broadcasting system. Keywords: KPID of central Sulawesi, broadcasting, authority of KPID

Note Concerning the Problem of Samson the Nazirite in the Biblical Studies

Apparently, some biblical scholars prefer to consider Samson only as a biblical character, rather than as a mythical hero too, and they think falsely that his title of Nazir has its explanation in the law text of Numbers.

Опыт арaбских стрaн в сфере противодействия терроризму

In this article, the national policies of Arab countries like Saudi Arabia, Arabic Republic of Egypt, United Arab Emirates and Kingdom of Morocco in the field of fight against terrorism are studied in the context of current religious situation in Kazakhstan. The experience and achievements of the Arab countries in the fight against terrorism, as well as the texts of new laws against terrorism are studied. It is revealed that Saudi Arabia has achieved some significant success in the fight against terrorism. From the point of view of Kazakhstan, which has specific experience in this field, the experience of Saudi Arabia in the fight against terrorism is explored in detail. For example, the issues related to state-legal approach, terrorism prevention measures, as well as the anti-terrorist information policy are studied. The new law on the fight against terrorism, adopted by the Arab Republic of Egypt is examined in the light of the appropriate law of Kazakhstan. It is proposed to study the “mixed strategy” of the United Arab Emirates that combines hard and liberal approach, and the new law adopted by the UAE in the fight against terrorism. Especially, it is necessary to analyze the experience of the UAE in the fight against illegal money laundering and financing of terrorism. It is also interesting to examine the state concept of the Kingdom of Morocco on combating religious extremism.

Summa ‘Omnis qui iuste iudicat’sive Lipsiensis ed. by Rudolf Weigand (†), Peter Landau, and Waltraud Kozur

Reviewed by: Summa ‘Omnis qui iuste iudicat’sive Lipsiensis ed. by Rudolf Weigand (†), Peter Landau, and Waltraud Kozur Kenneth Pennington Summa ‘Omnis qui iuste iudicat’sive Lipsiensis. 3 tomes. Tome 1: Edited by Rudolf Weigand (†), Peter Landau, and Waltraud Kozur, with the collaboration of Stefan Häring, Karin Miethaner, and Martin Petzolt; Tome 2: Edited by Peter Landau and Waltraud Kozur, with the collaboration of Stefan Häring, Heribert Hallermann, Karin Miethaner-Vent, and Martin Pezolt; Tome 3: Edited by Peter Landau, Waltraud Kozur, and Karin Miethaner-Vent. [Monumenta Iuris Canonici, Series A: Corpus Glossatorum, Vol. 7/1–3.] (Vatican City: Biblioteca Apostolica Vaticana. 2007, 2012, 2014. Pp. xlvi, 557, $90.00, ISBN 978-88-210-0808-9; pp. xlvii, 422, $110.00, ISBN 978-88-210-0898-6; pp. 459, €60,00, ISBN 978-88-210-0924-2.) A team of scholars assembled by Rudolf Weigand in Würzburg has labored many years on texts of canon law from Northern Europe in the twelfth century. Weigand died in 1998, but his passion for medieval canon law and its manuscript traditions lives on. The first volume of the projected four volumes of the edition was published in 2007. The text is anonymous but was written by a French or Anglo-Norman canonist at the beginning of the last quarter of the twelfth century. Trying to identify the authors of anonymous legal texts has been an ongoing project in legal history, pursued most vigorously by André Gouron (†2009) and Peter [End Page 389] Landau. Landau has recently argued that a little-known canonist named Rodoicus Modicipassus wrote the Summa ‘Omnis qui iuste iudicat.’ The work has been introduced by four “summaries” in English, French, Italian, and Spanish, followed by a foreword in German. One may wonder why multilingual summaries are necessary for a work in Latin. Nevertheless, there are interesting differences among them. The author of the English version (2014) claims that the work “is the major canonistic work of the twelfth century” (“changed from one of the major” in 2007), the French “une œuvre canonique majeure du XIIe siècle,” whereas the Italian author thinks that the work is “come opera di particolare rilievo nella canonistica del XII secolo.” The Spanish version declares “puede considerarse como una obra maestro de la canonística del siglo XII.” The German “Vorwort” avoids making any evaluation of the text’s importance. One may make an argument for the Italian summary’s generalization, but the English version is simply wrong (Gratian, Rufinus, Huguccio?). Not only is much of the text derivative of Bolognese jurisprudence but also there are only two complete manuscripts of the work. Two manuscripts (two others are incomplete) do not argue for a wide audience or broad significance. Since the Summa is heavily dependent upon Bolognese canonists, as the editors note in their introductions to the volumes and helpfully illustrate in the critical apparatus, the sources from which the author borrowed passages and ideas were Rufinus, Stephen of Tournai, Simon of Bisignano, and Johannes Faventinus—the major figures of the time. It has yet to be proven that Huguccio borrowed from the Summa. Huguccio read the same jurists. The transcriptions of the manuscripts are well done and accurate. There are, however, quibbles. Stephan Kuttner’s guidelines for editions in the Monumenta iuris canonici are altered. The most significant departure, and for this reviewer the most troubling, was to substitute line numbers for footnote numbers in the apparatus fontium. It is hoped that future editors will not follow this example, as it can be annoyingly difficult to find the citations—particularly on pages with many citations. Kuttner would have thought that the editors followed the abbreviations in the manuscripts too closely. The rationale for always expanding “infra” from the manuscripts’ “ia” and “supra” from “sa,” and never expanding e. and d., is opaque at best. Worse, it will confuse or stymie new readers of these texts. Apparatus fontium of legal texts can be difficult. The editors do a good job tracking down allegations in canon law but sometimes miss those for Roman law. This medieval canonist’s vague citations to Justinian’s later legislation betray his lack of knowledge...

Mutual Consent in Formation of Financial Contracts: A Juristic Analysis

As per the ruling of Islamic law, any kind of exchange in wealth, acquisition, possession, and the like will not be valid unless it is grounded on mutual consent of the contracting parties. This paper aims to study the issue of mutual consent and its function in the formation of contracts from the viewpoints of prominent Schools of Islamic law. This is a theoretical study and qualitative in nature. Classical sources of Islamic jurisprudence as well as understanding of the primary texts of Islamic law are used as the key tools in the process of drafting this paper. The paper discusses the various ways to express the consent along with the juristic analysis thereof. Also, this study explicates the practices lead to the invalidity of contracts due to lack of demonstration of assent. The paper concludes that no agreement will be considered sound in Islamic jurisprudence unless there is sufficient manifestation of mutual consent of parties concerned in the contract.

Public deliberation in the function of overcoming the democratic deficit, public debate and delineation from public hearing

The article analyses forms of direct democracy from its historical forms, in Ancient Greece, to the modern ones, in Switzerland and the USA. Pointing towards the modern flaws of representative democracy, which dominates the present world, the author explores the forms of citizen participation - from participation to influence, which assists the overcoming of the democratic deficit in practice. Besides the traditional (classical) ones, the analysis also focuses on the innovative mechanisms, from informal to formal ones, from individual to collective mechanisms. The focus is on the procedures of direct citizen participation such as: elections, referendum (with its modalities, plebiscite and popular veto), citizens' initiatives, the right of legislative initiative, public meetings, as well as seeking new constructive solutions which enable the citizens not only to express their opinions through selecting the option for or against, but to actively participate and express their own opinions, positions, experiences and arguments - to participate in public deliberation. These are: public debate, public hearing, public consultations and public discussions, round tables and public presence in the form of mini-audiences, public opinion polls and participation in surveys, cooperation of state bodies with civil society organisations, public call for submission of proposals, remarks and petitions, public-private dialogue, focus groups, citizen panels, citizen conferences, citizens' advisory committees, town hall meetings, citizens juries, consensus conferences, the world cafe. In particular, the article points out that e-participation is nowadays utilised more often and gains significance, since it enables citizens to submit their proposals and remarks electronically, in the form of discussion and interaction via social networks and on-line dialogue platforms. It points towards the positive effects and advantages of direct involvement of citizens in the process of decision making and policy making, through contributions to correcting, stabilizing and consolidating the modern representative democracy. Considering the forms of direct citizen participation in the Serbian society, the next part of the article focuses on the public debate and analyses its legal framework in Serbia and the region. With an analysis of public hearings, the article confirms the author's initial hypothesis that public hearing is not synonymous to or a form of public debate (as often understood in the Serbian public). The author identified 13 original criteria of delineation by which these two institutes differ. Indicating the possibilities of application of other innovative mechanisms of citizen participation which have been proven in the practice of other countries, the author provides concrete recommendations and three possible legal routes for the improvement of public deliberation and concludes that by the power of an argumentative public deliberation and the participation of a larger number of citizens and all sectors of the society, as well as the involvement of their arguments in final texts of laws and other regulations, the present partocracy could be led to a rule of reason, i.e. that the state of political parties is transformed into a state of reason.

The Illuminated Þjófabálkr in Fourteenth-Century Icelandic Jónsbók Manuscripts

This article is concerned with a number of historiated initials that introduce one specific chapter of the widely copied Icelandic law code Jónsbók, the so-called Þjófabálkr. The overall aim is to show that the content of a single historiated initial in a widely copied and illuminated vernacular law text is more subject to change than the text itself, while still being partly dependent on the relation of the individual text to other texts. The minimal word and content changes to be found in the text generally relate to the content of the painted image. Accordingly, the first part of this article will give a brief overview and introduction to these visual motifs and an investigation of the various text-image relations. In the second part of this article, the initials are compared with a historiated initial from an early fourteenth-century East Anglian canon law manuscript, followed by a discussion of the historical circumstances for the establishment and creation of the different initials.

The Concept of the Nation in the Fundamental Law of Hungary

The paper introduces the national aspects of the new Hungarian constitution. We find direct references to the “Hungarian nation” in the text of the Fundamental Law of Hungary, and these references reveal the concept of the nation of the constitution‑making political majority. This concept is rather controversial and is widely debated in political and also in scientific discussions. I examine the problematic issues around the concept of the nation, which are the following: Is the concept of the nation clear? Does it imply the “cultural” or the “political”/“democratic” notion of the nation? What is the situation of the nationalities living in Hungary? What is the situation of the Hungarians living beyond the borders of Hungary? This paper intends to contribute to the discussion on the values of the new constitution of Hungary.

Stage of Knowledge of the Legislation Concerning Pine Forest Phytosanitary Protection

The issues concerning phytosanitary protection of forests generally speaking, and pine forests, particularly are in attention of scientists, in the field, worldwide. For this reason more concern is attribute to the regulations meant to rule the use of phytosanitary products used for maintaining the health of pine forests, and methodology of their administration. Our study aims to emphasize the degree of perception of aimed authorities, concerning the phytosanitary regulations connected to pine forest phytosanitary products. The methodology developed in this study concerns the means of sociological means, translated in bibliographical approach which involves the use of different documents, law texts, textbooks, and also the questionnaire instrument. As a result of our approach we highlight the most important issues meant to contribute to better protection of pine tree forests through an appropriate phytosanitary treatment, and also the most important issues concerning pine tree forests maintaining focused by the actors involved in their maintaining. The phytosanitary regulations play a decisive role in maintaining the health of forests, generally speaking and of pine tree forests, in particularly. They supply a general frame for appropriate treatments for suitable forest development.

The early Irish hostage surety and inter-territorial alliances

This article examines the legal evidence on treaty law in early medieval Ireland, focusing on fragments from the lost law text Bretha Cairdi (Treaty Judgements) and the short text Slan n-aitire cairde (The Immunity of a Hostage-Surety in a Treaty). It aims to examine the ways in which jurists faced cross-border violence and to look at how law was used to forge a political alliance in extending legal allowances and duties beyond the frontier, and so permit designated enforcers from both sides to collaborate in the quest for legal satisfaction and social stability.

Haveria base nomrativa para restringir as receitas da previdência social às contribuições previdenciárias?

Manifestações a respeito da “difícil” situação da Previdência Social adotam como tese subjacente que o custeio do RGPS dever-se-ia restringir às receitas oriundas das contribuições sobre a folha de salários. Daí surgiu, então, o questionamento de até que ponto seria efetivamente viável identificar-se, no direito positivo brasileiro vigente, quais, dentre as receitas previstas para o financiamento da Seguridade Social, poderiam ser entendidas como destináveis à Previdência Social, inquirição essa que constituiu o objetivo deste trabalho. O exame da matéria iniciou-se pelo texto da Lei Maior. As acusações que se fazem quanto ao teor generoso da Constituição Cidadã conduziram a que também se pesquisasse a situação nos normativos legais expedidos no período precedente. Após tal busca regressiva, analisou-se o tratamento da matéria no principal instrumento infraconstitucional a ela dedicado, a saber, a Lei 8.212/1991. O estudo findou por demonstrar a inviabilidade de identificar-se suporte, a partir da leitura direta do texto constitucional ou daquele das leis que dispõem sobre o tema, para a tese que pretende restringir, entre as receitas da Seguridade Social, o leque daquelas que podem ser utilizadas pela Previdência Social.

The Meaning and Use of the Modals CAN and MAY in English Contract Law Texts

This paper presents the results of an analysis of the English modals CAN and MAY in four text types covering the domain of Contract Law. These results show a distinct difference between the two modals, which is interesting because the meaning and use of CAN and MAY is generally taken to be more blurred than it is the case here. The meaning and use of the modals is analysed and compared on the basis of logico-semantic and pragmatic parameters briefly introduced in the paper. The analysis is part of a major contrastive analysis of the meaning and use of the Danish and English modals.

General Considerations Regarding the Criminal Liability of the Lawyer in Romania

The paper proposes an analysis regarding the possibility of the criminally convicted lawyers to keep pleading before the court without bearing the consequences of criminal liability, by speculating the lack of imperative law provisions in this sense. The legislative inflation affects not only the guarantees that the legality principles provide to the citizen, but it also reflects on the activity of specialists, theoreticians, or practitioners. They are overwhelmed by the abundance and obscurity of certain texts, reason for which it has become more and more difficult to interpret the law. The legislative deficiencies and the norms governing the profession of lawyer do not regulate clearly enough the fate of the criminally convicted lawyers; the lawyers within the board of the Bar must decide the fate of a fellow lawyer of the Bar.The law No. 51/1995 – regarding the organization and exercise of the lawyer's profession, as well as the statute of the lawyer – shows that the lawyer's capacity shall end if the lawyer has received a final sentence for an action incriminated by the criminal law, which renders him/her “unworthy of being a lawyer.” Concerning the method that constitutes the grounds of my research, I will use the comparison with other professions within the legal system; this will lead to comparatism, meaning to rapports between de jure and de facto situations. After analyzing the jurisprudence and the legislative framework corresponding to this phenomenon, I believe that punctual modifications should be brought to the texts of law; they must be circumscribed to an imperative force, thus leaving no room to interpretations.

Hukum Pernikahan di Kesultanan Melaka Abad ke-15 dan ke-16 M

This article examines legal aspects of Marriage law in the Sultanate of Malaka in the 15th and 16th centuries. It focuses on some legal aspects of Undang-undang Melaka (a text of laws of Melaka) represented by Liaw Yock Fang, regarding the issues of marriage such as wali (marriage guardian), ijāb-qabūl (consent of both parties), witness(es), t\alāq (repudiation), faskh (broken marriage contract), interfaith marriage and marrying slave. This study aims to know the source of the marriage laws of Undang-Undang Melaka (UUM). It shows that UUM was a collection of common law in Melaka and consisted of Islamic law. One aspect of Islamic laws was marriage law. In UUM, the legal aspect was based on fiqh of several schools (madhhab), particularly the al-Shāfi‘ī school derived from al-Iqnā’ written by al-Sharbini. This finding also refuses the previous research finding stating that it was derived from al-Taqrīb by Abū Shujā‘.
 DOI: http://dx.doi.org/10.20414/ujis.v19i1.1248

Research Ethics Committees: Adaptation to The New European Regulation of Clinical Trials – A Viewpoint From Germany

By the end of 2016 the EU regulation 536/2014 will come into full force. By then the EU portal and its related databases, which are essential for the submission of the trial applications and the communication between the sponsors and the member states, shall be operational. According to Art, 4 of the regulation, the ethical review of the clinical trial has to be performed by an ethics committee (EC), but it is left up to the individual member states to decide whether the EC reviews Part II (informed consent material and quality of the study centers and its staff) only or Part I (trial protocol and risk/benefit assessment), too.The ECs need an unrestricted access to the EU portal. The German ECs have asked the government to decide that the ECs are responsibly involved in the following aspects of the process: the review of the ethical and scientific aspects of Part I and II and of substantial modifications, review of the classification as low-intervention trial, notification relating to an end, early termination or temporary halt of a clinical trial, the receipt and review of safety reports, and initiation of corrective measures. The responsible EC and drug authority shall evaluate Part I independently. The EC participate in the consolidation of the final assessment report, too. The competent EC finally has to provide a vote regarding the authorisation of the trial.The text of the implementation law is not yet available, but there is considerable agreement to proceed as outlined here. The ECs in Germany are convinced that clinical research is urgently needed, that Europe should be an attractive location for clinical trials, and that it is possible to safeguard the autonomy, the safety, and the well-being of research participants and to foster research-friendly conditions at the same time. By the end of 2016 the EU regulation 536/2014 will come into full force. By then the EU portal and its related databases, which are essential for the submission of the trial applications and the communication between the sponsors and the member states, shall be operational. According to Art, 4 of the regulation, the ethical review of the clinical trial has to be performed by an ethics committee (EC), but it is left up to the individual member states to decide whether the EC reviews Part II (informed consent material and quality of the study centers and its staff) only or Part I (trial protocol and risk/benefit assessment), too. The ECs need an unrestricted access to the EU portal. The German ECs have asked the government to decide that the ECs are responsibly involved in the following aspects of the process: the review of the ethical and scientific aspects of Part I and II and of substantial modifications, review of the classification as low-intervention trial, notification relating to an end, early termination or temporary halt of a clinical trial, the receipt and review of safety reports, and initiation of corrective measures. The responsible EC and drug authority shall evaluate Part I independently. The EC participate in the consolidation of the final assessment report, too. The competent EC finally has to provide a vote regarding the authorisation of the trial. The text of the implementation law is not yet available, but there is considerable agreement to proceed as outlined here. The ECs in Germany are convinced that clinical research is urgently needed, that Europe should be an attractive location for clinical trials, and that it is possible to safeguard the autonomy, the safety, and the well-being of research participants and to foster research-friendly conditions at the same time.