Lunacy in France

1862 ◽  
Vol 7 (40) ◽  
pp. 560-589
Author(s):  
Coxe
Keyword(s):  
The State ◽  
French Law ◽  
Poor Law ◽  
Know How ◽  
The Poor ◽  
Difference Of Opinion ◽  
The Law ◽  
Charitable Bequests ◽  
The Cost

As considerable attention has recently been directed to the state of lunacy in Scotland, and much difference of opinion still exists as to the best method of providing accommodation for the insane poor, I have thought it not unlikely that it may interest at least a section of your readers, to know “how they manage these things in France.” You are aware there is no compulsory poor-law in this country; nevertheless, there is much charitable expenditure. Each parish or commune has its own resources, derived from the rents of land, the interest of money, local imposts, or charitable bequests; and its ability to provide for its poor varies with the amount of its revenue. In some communes, accordingly, the poor are well cared for, while, in others “they are steeped in misery to the very lips.” In 1838, the present French law of lunacy came into operation. It provides for the erection of departmental asylums, and for the maintenance therein of the insane poor. The funds for the buildings are voted by the Conseil-Général of the department, while those for the maintenance of the patients are found in this way:—The law determines that a commune possessing a certain income shall pay a certain proportion of the keep of its pauper lunatics; the remaining portion is defrayed by the department. The proportion paid by the commune varies from a sixth to a half; but as it is rare that a commune pays the highest rate, by far the greater share of the cost of maintenance falls on the department. It is the duty of the préfet to ascertain the income of the different communes within his jurisdiction, and to fix the proportion which each has to contribute for the pauper lunatics belonging to it. The rate of maintenance to be charged by the asylum is also fixed from time to time by the same official. At present, in the department of the Seine Inférieure, it amounts to one franc twenty-five centimes a-day for males, and to one franc fifteen centimes a-day for females. The poorest communes, accordingly, get their pauper lunatics maintained for a sixth of these sums, or about twopence a-day. Of course, as forming part of the department, they have to pay their share of the departmental expenses, but these fall in a much greater ratio on the wealthier communes—on such, for instance, as those of Rouen and Havre. The natural effect of this system is to stimulate the poorer communes to send every possible case to the asylum.

The campaign for the Catholic workhouse children, 1834–68

2015 ◽  
Vol 32 (4) ◽  
pp. 526-556
Author(s):  
Jean Olwen Maynard
Keyword(s):  
The State ◽  
Poor Law ◽  
The Poor ◽  
The Face ◽  
Adults And Children ◽  
Family Connections ◽  
The Law

AbstractThe systematic proselytisation of Catholic children institutionalised under the New Poor Law of 1834 was felt by the Catholic community as a very serious grievance. The legislation was framed so as to make the ministrations of the state church an integral part of the workhouse regime, while providing safeguards for the religious rights of non-Anglicans, both adults and children, through a conscience clause which however was not envisaged as applicable to children perceived as having no meaningful family connections. Loose wording allowed locally elected poor law bodies to frustrate the intentions of Parliament, and nullify all efforts of relatives and others to secure appropriate religious upbringing for Catholic children. The problem was particularly acute in the London area. Earlier lobbying initiatives came to nothing, but a fresh campaign begun in 1859, waged with the participation of Catholics at all levels of society, and persisting in the face of repeated setbacks, succeeded in 1868 in bringing about a change in the law, whereby procedures were established to enable the transfer of all poor law children of proven Catholic background to voluntary institutions under Catholic management, with funding for their maintenance paid from the poor rates.

Mekanisme Pemberian Bantuan Hukum Bagi Masyarakat Miskin Di Pengadilan Negeri Samarinda

2017 ◽  
Vol 7 (2) ◽  
pp. 97
Author(s):  
Jaidun, S.H., M.H
Keyword(s):  
The State ◽  
Legal Aid ◽  
Case Investigation ◽  
The Poor ◽  
The People ◽  
The Law ◽  
Discrimination Apparatus ◽  
The Cost ◽  
The City

ABSTRACT The court is a space or a last fort for people to get justice but in this case a problem which seek the court is not easy and with little expense but rather the cost to be incurred for example using the services of professional lawyers prohibitively expensive while not all people can afford to pay. However, Indonesia as a legal state as mentioned in the Constitution of 1945 in Article 1 point (3) "Indonesia is a legal state" the state must guarantee equality of each citizen both before the law and protect all the rights to be treated before the law, and with the Legal aid society, especially in the city of Samarinda, in this case, it helps people, especially the underprivileged in right of defending their rights and being protected from discrimination apparatus or elements which are not responsible and the process of case investigation encountered can occur as supposed to be. Thus, the law agencies is indispensable for the people belonging to the poor economy.

Dickens’s National Novel

2021 ◽  
pp. 219-245
Author(s):  
Josephine McDonagh
Keyword(s):  
Social Conditions ◽  
The Other ◽  
The Novel ◽  
Poor Law ◽  
Freedom Of Movement ◽  
Bleak House ◽  
The Poor ◽  
The Law ◽  
Political Decisions ◽  
National Borders

Bleak House is a novel saturated with figures of unsettlement, in which characters uprooted by their social conditions operate within a plot animated by unsettlement, in an affective world dominated by feelings of pity and sympathy for those who have been displaced. Thresholds recur in the novel as privileged sites of heightened emotion. The novel’s preoccupation with unsettlement is best understood in the context of mid-century bourgeois aspirations to reimagine the nation as a place in which all citizens might enjoy freedom of movement. In framing this vision, Dickens draws on two contemporary discourses, one drawn from emigration, especially Caroline Chisholm’s popular ‘family emigration’ schemes; the other from public discussions about the law of settlement in the context of the New Poor Law. The latter were attempts to regulate where the poor could live, in the context of the bureaucratic reorganization of national geography that occurred at this time. Throughout, however, the novel displays profound ambivalence about Britain’s engagement with the wider world, expressed most clearly through its antagonism to overseas philanthropy, which it sees as a misdirection of national feeling. The novel’s vision of the nation, underpinned by its commitment to mobility and an ideology of freedom of movement within, but not beyond, the nation, produces its particular formal features and thematic emphases on mobility and movement, and its preoccupation with thresholds—doorsteps, entrances, and finally national borders—as places at which political decisions about inclusion and exclusion are made.

Bodies Corporate in Israel

1974 ◽  
Vol 9 (4) ◽  
pp. 518-547
Author(s):  
Henry E. Baker
Keyword(s):  
Professional Associations ◽  
The State ◽  
Common Interest ◽  
French Law ◽  
Public Morality ◽  
Hebrew University ◽  
The Law ◽  
Bar Association

Societies consisting of persons who have associated for a common interest and for objects other than that of deriving profits, which are generally known in this country as “Ottoman societies” are regulated by the Ottoman Law of Societies of August 3, 1909, which is based on a French law of July 1, 1901. Such a society is formed by agreement of the founders and does not owe its existence to any registration, but its founders must notify the competent official of the formation of the society immediately after its formation and supply him with the prescribed particulars. No such society may be established contrary to the provisions of the law, public morality or with the intention of disturbing the peace of the country or aiming at disintegration of the State, or changing the form of the ruling Government, or causing dissension among different communities, and it is prohibited to establish political societies under the title of races and nationalities.Among Ottoman societies are theHistadrut, WIZO, Hebrew University and professional associations such as the Bar Association.

scholarly journals Tinjauan Yuridis Akibat Berlakunya UU No. 11 Tahun 2016 Tentang Pengampunan Pajak Terhadap Sanksi Pidana Perpajakan

2019 ◽  
Vol 3 (2) ◽  
pp. 222-235
Author(s):  
Hadzil Hadzil ◽  
Mahdi Syahbandir ◽  
Syarifuddin Hasyim
Keyword(s):  
Criminal Code ◽  
The State ◽  
Criminal Offense ◽  
Criminal Sanctions ◽  
Tax Amnesty ◽  
The Poor ◽  
The Law ◽  
The Government

Terdapat cukup banyak masyarakat yang dengan sengaja melakukan kecurangan-kecurangan dan melalaikan kewajibannya dalam melaksanakan pembayaran pajak yang telah ditetapkan sehingga menyebabkan timbulnya tunggakan pajak. Menyikapi hal tersebut, Pemerintah mengesahkan Undang-undang Tax Amnesty Nomor 11 Tahun 2016 Tentang Pengampunan Pajak. Salah satu jenis pengampunan yang ditawarkan adalah memberikan penghapusan tindak pidana bagi Wajib Pajak (WP) yang melanggar undang-undang. Oleh sebab itu, hal ini menjadi menarik untuk diteliti karena dapat dianggap sebagai bentuk pengkhianatan terhadap rakyat miskin atau WP yang taat pajak. Masalah pokok dalam penelitian ini adalah apakah penghapusan sanksi pidana terkait pengampunan pajak (tax amnesty) sudah sesuai dengan prinsip-prinsip pemidanaan. Penelitian ini bertujuan untuk mengetahui dan menjelaskan penghapusan sanksi pidana telah sesuai atau tidak dengan prinsip-prinsip pemidanaan. Penelitian ini merupakan penelitian yuridis normatif dengan tujuan mengkaji asas-asas dan kaidah-kaidah yang terdapat dalam ilmu hukum. Data yang digunakan terdiri dari bahan hukum primer, bahan hukum sekunder dan bahan hukum tersier. Hasil penelitian menunjukkan bahwa dalam hal penghapusan sanksi pidana dalam tax amnesty tidaklah sesuai dengan prinsip-prinsip penghapusan pidana dalam konsep KUHP, yaitu alasan pembenar dan alasan pemaaf karena apabila harta tersebut berasal dari hasil korupsi, hal tersebut bukanlah merupakan perbuatan yang patut dan benar untuk dimaafkan. Disarankan kebijakan dalam pengampunan pajak (tax amnesty) sebaiknya tidak diberlakukan penghapusan pada unsur tindak pidana, apalagi dalam tindak pidana tersebut terdapat unsur yang merugikan negara.There are enough people who deliberately commit fraud and neglect their obligations in carrying out the payment of taxes that have been set so as to cause the arrears of taxes. In response, the Government passed the Tax Amnesty Act Number 11 Year 2016 About Tax Amnesty. One type of amnesty offered is to provide the abolition of a criminal offense for a Taxpayer (WP) that violates the law. Therefore, it is interesting to investigate because it can be considered as a form of betrayal of the poor or WP who are tax-conscious. The main problem in this research is whether the abolition of criminal sanctions related to tax amnesty is in line with the principles of punishment. This study aims to determine and explain the elimination of criminal sanctions are appropriate or not with the principles of punishment. This study is a normative juridical research with the aim of studying the principles and rules contained in the science of law. The data used consist of primary legal materials, secondary legal materials and tertiary legal materials. The results indicate that of the abolition of criminal sanctions in the tax amnesty is not in accordance with the principles of criminal abolition in the concept of the Criminal Code, namely the justification and reasons for forgiveness because if the property is derived from the corruption, it is not a proper and proper act to be forgiven. It is recommended that the tax amnesty should not be abolished on the element of criminal acts, morever in the criminal act there are elements that harm the state.

scholarly journals Equality before the Law Principle and the Legal Aid for the Poor: An Indonesian Insight

2021 ◽  
Vol 3 (4) ◽  
pp. 517-536
Author(s):  
Khoirum Lutfiyah
Keyword(s):  
Legal Protection ◽  
The State ◽  
Legal Aid ◽  
The Poor ◽  
Legal Problems ◽  
Basic Rights ◽  
The Law ◽  
The Government

Legal aid is something that is given by the state to people who are unable to get justice and their basic rights before the law. The state has an obligation to protect every citizen, especially legal protection for the poor or the poor. To ensure this protection, the government forms a law which can help the underprivileged or poor in dealing with the legal problems they experience. With the existence of the Law on Advocacy, the Law on Legal Aid, as well as the existence of this Legal Aid Institute, it is hoped that it will be able to reduce the burden on what people experience before the law, especially related to the costs of legal aid.

scholarly journals Juridical Analysis of Legal Aid Implementation for Underprivileged Communities: Problems and Challenges

2021 ◽  
Vol 3 (4) ◽  
pp. 481-498
Author(s):  
Alycia Sandra Dinar Andhini
Keyword(s):  
Empirical Research ◽  
Legal Culture ◽  
The State ◽  
Legal Issues ◽  
Access To Justice ◽  
Legal Assistance ◽  
Legal Aid ◽  
The Poor ◽  
The Law ◽  
Gain Access

Legal Aid is organized to help resolve legal issues faced by Legal Aid Recipients. The birth of Law No. 16 of 2011 concerning Legal Aid provides new hope for the poor to gain access to justice and equality before the law. This writing aims to determine the implementation of the provision of legal aid and the obstacles that influence it in its implementation because sometimes the implementation of Law Number 16 of 2011 concerning Legal Aid in Indonesian Courts is not optimal. This research focuses on the application of legal aid to the poor, the challenges and problems they face. The method used in this research is empirical research. This study found that in the application of legal aid in several regions in Indonesia, the main problem faced in addition to the lack of availability of accredited legal aid institutions, was also the issue of the budget provided by the state. In addition, in terms of the legal culture of the community, the implementation of legal aid is not optimal due to the understanding of the community not to have anything to do with the law so that many cases that should receive legal assistance cannot be accompanied.  

scholarly journals Access to Justice and Fair for the Poor: How Effective the Legal Aid Provided by Government?

2021 ◽  
Vol 3 (2) ◽  
pp. 173-184
Author(s):  
Dani Setiawan
Keyword(s):  
The State ◽  
Access To Justice ◽  
Legal Assistance ◽  
Legal Aid ◽  
The Poor ◽  
The Law ◽  
Law And Justice ◽  
The Government

Providing legal assistance to the poor continues by the government to realize legal access and justice for all levels of society. Several regulations regarding legal aid have been issued by the state through the law and implementing regulations, but the fact is that the provision of legal aid is not yet effective. This causes a lack of access to law and justice for the poor. The effectiveness of providing legal aid by the government needs to be assessed to see how effective the legal aid program provided by the government is to realize legal access and justice for the poor. Therefore, criticism and advice should be given to the government in order to optimize legal assistance in order to achieve legal access and justice for all levels of society.

scholarly journals Legal Aid by the State as a Constitutional Right of the Poor: Problems and Challenges in Indonesia

2021 ◽  
Vol 3 (2) ◽  
pp. 185-196
Author(s):  
Ari Wibowo ◽  
Michael Hagana Bangun
Keyword(s):  
Supreme Court ◽  
Legal Protection ◽  
The State ◽  
Legal Aid ◽  
The Poor ◽  
The Supreme Court ◽  
The Law ◽  
Constitutional Right ◽  
The Republic ◽  
The Right

The provision of legal aid is one way to realize access to law and justice for the poor people provided by the state on the mandate of the constitution. Several regulations regarding legal aid have been issued by the state through the Act and its implementing regulations as well as from the Supreme Court or the Constitutional Court through the Supreme Court Regulations and the Constitutional Court's decisions. Legal aid is the constitutional right of every citizen to guarantee legal protection and guarantee equality before the law stipulated in Law Number 16 of 2011, the State is responsible for recognizing and protecting the human rights of every individual without differing backgrounds so that everyone has the right to be treated equally before the law is contained in Article 28D of the 1945 Constitution of the Republic of Indonesia. For the poor who experience legal problems in the form of injustice, they can request legal assistance from legal aid institutions that are regulated in legislation. The purpose of providing legal aid is to guarantee and fulfill the right for Legal Aid Recipients to gain access to justice, to realize the constitutional rights of all citizens in accordance with the principle of equality in law, to ensure the certainty that the implementation of Legal Aid is carried out equally across the territory of the Republic of Indonesia. , and to create an effective, efficient and accountable court.

scholarly journals Implementasi Penerapan Undang-Undang Nomor 13 Tahun 2006 tentang Perlindungan Saksi dan Korban (Sudi di Polres Kuningan)

2015 ◽  
Vol 2 (1) ◽  
Author(s):  
Haris Budiman dan Gios Adhyaksa
Keyword(s):  
Rule Of Law ◽  
The State ◽  
Trial Judge ◽  
The Rule Of Law ◽  
Operational Costs ◽  
The Law ◽  
The Government ◽  
The Cost ◽  
Unwritten Law

Article 1 (1) of the 1945 Constitution states that, Indonesia is the law of the State in the form of Republic. Therefore, the provisions of the applicable legislation and set the life of the Indonesian nation comes from the law, whether written or unwritten law. One runway is used as basic guidelines in order to achieve justice for all Indonesian people, especially in the field of law, set forth in Article 27 paragraph (1) of the Act of 1945, which reads, "All citizens are equal before the law and government and must uphold the rule of law and without exception. " Protection of witnesses reporting the crime of pornography, the identity of a witness, obviously very secret and confidential examined by the police, even on a trial judge has no right to bring a witness, before the trial because the reporter's identity confidentiality is strictly protected by the Law No. 44 Year 2008 on pornography.  Factors that became penghamabat the police to provide protection against the crime of pornography reporting, that one of the eligibility period and the cost to hold the protection of witnesses and victims must require substantial funds, although basically the police have been very ready to implement the law , subject to the government in terms of a special budget for the program of protection, especially for operational costs in the field.  Keywords: Crime, Pornography, Witness, Protection. 

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