Semantic Legal Ordering: The Causal Force of Legal Doctrine

2011 ◽  
Author(s):  
Laura R. Ford
Keyword(s):  
Legal Doctrine ◽  
Causal Force

CONSTITUTIONAL AND LEGAL EXPERIENCE OF INTERACTION OF BICAMERAL PARLIAMENTS OF THE CIS COUNTRIES IN THE SPHERE OF FOOD SECURITY

2020 ◽  
Vol 10 (5) ◽  
pp. 43-49
Author(s):  
MARINA MARKHGEYM ◽  
◽  
ANNA BEZUGLAYA
Keyword(s):  
Food Security ◽  
Security Analysis ◽  
Legal Doctrine ◽  
Commonwealth Of Independent States ◽  
Independent States ◽  
Cis Countries

The article presents the author’s analysis of constitutional texts, regulations and analytical materials of the countries of the Commonwealth of Independent States in order to consolidate in them the consolidated powers of the chambers of parliaments associated with the implementation of food security. Analysis of legal acts of the studied group of states showed that the sphere of food security (as part of the agrarian and food sphere/function) is one of the eventual spheres of interaction between the chambers of parliament. In the course of the study, two approaches of states to the formalization of provisions related to food security in constitutional texts were identified. The first approach is to consolidate norms that indirectly affect the field of food security (Belarus, Kazakhstan, Russia); the second - in the absence of such provisions (Tajikistan and Uzbekistan). It has been established that the interaction of the chambers of parliaments in the field of food security is implemented through the adoption of laws, as well as through various parliamentary events (parliamentary hearings, round tables, seminars, meetings, etc.). It is concluded that the available options for interaction between the chambers of parliaments of states in the field of food security reflect their independent approaches, which are developed on the basis of legal doctrine and practice.

ADMINISTRATIVE AND LEGAL STATUS OF THE CAPITAL OF UKRAINE - THE HERO CITY OF KYIV AS A GUARANTEE OF THE RIGHTS OF CITIZENS OF UKRAINE AND THE TERRITORIAL COMMUNITY OF THE CITY

2017 ◽  
Author(s):  
Oleksii Chepov ◽  
Keyword(s):  
Legal Status ◽  
Modern World ◽  
Legal Regime ◽  
Legal Doctrine ◽  
City Councils ◽  
The Social ◽  
District Management ◽  
Definition Of ◽  
The Relationship ◽  
The City

The qualitative and clear definition of the legal regime of the capital of Ukraine, the hero city of Kyiv, is influenced by its legislative enshrinement, however, it should be noted that discussions are ongoing and one of the reasons for the unclear legal status of the capital is the ambiguity of current legislation in this area. Separation of the functions of the city of Kyiv, which are carried out to ensure the rights of citizens of Ukraine and the functions that guarantee the rights of the territorial community of the city of Kyiv. In the modern world, in legal doctrine and practice, the capital is understood as the capital of the country, which at the legislative level received this status and, accordingly, is the administrative and political center of the state, which houses the main state bodies and diplomatic missions of other states. It is the identification of the boundaries of the relationship between the competencies of state administrations and local self-government, in practice, often raises questions about their delimitation and ways of regulatory solution. Peculiarities of local self-government in Kyiv city districts are defined in the provisions of the Law on the Capital, which reveal the norms of the Constitution in these legal relations, according to which the issue of organizing district management in cities belongs to city councils. Likewise, it is unregulated by law to lose the particularity of the legal status of the territory of the city. It should be emphasized that the subject of administrative-legal relations is not a certain administrative-territorial entity, but the social group is designated - the territorial community of the city of Kiev, kiyani. Thus, the provisions on the city of Kyiv partially ignore the potential of the territorial community.

Constitutional policy of law of modern Russia: ideas, priorities, values, directions

2018 ◽  
Author(s):  
Павел Баранов ◽  
Pavel Baranov ◽  
Алексей Овчинников ◽  
Aleksey Ovchinnikov ◽  
Алексей Мамычев ◽  
...  
Keyword(s):  
International Law ◽  
Public Administration ◽  
Public Life ◽  
Political Extremism ◽  
Legal Doctrine ◽  
Legal Policy ◽  
Russian State ◽  
The Russian Federation ◽  
Political Economic ◽  
Comprehensive Study

The monograph is a comprehensive study of the nature, content and priorities of the constitutional and legal policy of the Russian state. The authors identify and analyze various elements of the constitutional legal doctrine (value-normative, socio-political, economic, international law, spiritual and moral, etc.), as well as the directions of its development in Russia in the XXI century. Constitutional and legal policy is considered in the context of modern problems of national and religious security, in the sphere of combating political extremism, corruption, network wars, etc.the analysis of practical issues related to the implementation of constitutional and legal policy in various spheres of state and public life is Carried out. The publication is aimed at specialists in the field of law, political science, public administration. The book can also be used in the study of such disciplines as "Constitutional law of the Russian Federation", "Legal policy of the modern state", " Fundamentals of national security»

Cláusulas de franquicia o deducible en seguros de responsabilidad civil en el Derecho español: Naturaleza y efectos respecto de terceros perjudicados

2018 ◽  
pp. 101
Author(s):  
Rafael Lara González
Keyword(s):  
Civil Liability ◽  
Third Parties ◽  
Insurance Contract ◽  
Third Party ◽  
Liability Insurance ◽  
Legal Doctrine ◽  
Insurance Contracts ◽  
Spanish Law ◽  
Palabras Clave ◽  
Legal Nature

ResumenPese a su ubicuidad en la práctica contractual, las cláusulas de franquicia han recibido tratamiento incidental en la doctrina. La discusión sobre ellas se ha enfocado en los contratos de seguros de responsabilidad civil, y en la interpretación del artículo 76 de la Ley española de Contrato de Seguro. En este contexto se ha tratado de establecer si el asegurador puede o no oponer la cláusula de franquicia al tercero perjudicado. El presente trabajo analiza la cláusula de franquicia en la obligación principal del asegurador, su naturaleza jurídica, y examina su relación con los terceros perjudicados. La consideración principal a este respecto estará en si nos encontramos ante un seguro obligatorio o ante un seguro voluntario de responsabilidad civil. Palabras clave: Contrato de seguro; Cláusula de franquicia; Terceroperjudicado; Responsabilidad civil.AbstractDespite their ubiquity in contractual praxis, deductible clauses have received only incidental treatment in legal doctrine. Discussion on them has focused on civil liability insurance contracts, and the interpretation of article 76 of the Spanish Law of Insurance Contracts. In this context it has been attempted to establish whether the insurer can invoke the clause to oppose the injured third party's claim. This article examines the deductible clause included in the insurer's main obligation, its legal nature, and its relation to injured third parties. The main consideration in this regard will be whether the insurance contract is of a mandatory or voluntary nature.Keywords: Insurance contract; Deductible clause; Injured third party; Civil liability.

Fragments of the American Dream: Immigration, Race, and Medical Care in the Segregated South, 1929

Public Voices ◽  
2016 ◽  
Vol 13 (2) ◽  
pp. 1
Author(s):  
John R Phillips
Keyword(s):  
United States ◽  
American Dream ◽  
Black Population ◽  
The United States ◽  
Single Woman ◽  
Future Research ◽  
Legal Doctrine ◽  
Quarter Century ◽  
History Of ◽  
Sunflower County

The cover photograph for this issue of Public Voices was taken sometime in the summer of 1929 (probably June) somewhere in Sunflower County, Mississippi. Very probably the photo was taken in Indianola but, perhaps, it was Ruleville. It is one of three such photos, one of which does have the annotation on the reverse “Ruleville Midwives Club 1929.” The young woman wearing a tie in this and in one of the other photos was Ann Reid Brown, R.N., then a single woman having only arrived in the United States from Scotland a few years before, in 1923. Full disclosure: This commentary on the photo combines professional research interests in public administration and public policy with personal interests—family interests—for that young nurse later married and became the author’s mother. From the scholarly perspective, such photographs have been seen as “instrumental in establishing midwives’ credentials and cultural identity at a key transitional moment in the history of the midwife and of public health” (Keith, Brennan, & Reynolds 2012). There is also deep irony if we see these photographs as being a fragment of the American dream, of a recent immigrant’s hope for and success at achieving that dream; but that fragment of the vision is understood quite differently when we see that she began a hopeful career working with a Black population forcibly segregated by law under the incongruously named “separate but equal” legal doctrine. That doctrine, derived from the United States Supreme Court’s 1896 decision, Plessy v. Ferguson, would remain the foundation for legally enforced segregation throughout the South for another quarter century. The options open to the young, white, immigrant nurse were almost entirely closed off for the population with which she then worked. The remaining parts of this overview are meant to provide the following: (1) some biographical information on the nurse; (2) a description, in so far as we know it, of why she was in Mississippi; and (3) some indication of areas for future research on this and related topics.

Adoption and Implementation of Clinical Legal Education Programmes in the Indonesian Legal Education System

2020 ◽  
pp. 232200582096120
Author(s):  
Saru Arifin ◽  
Bayangsari Wedhatami ◽  
Riska Alkadri
Keyword(s):  
Education System ◽  
Core Curriculum ◽  
Public Speaking ◽  
Legal Education ◽  
Extracurricular Activity ◽  
Education Curriculum ◽  
Legal Doctrine ◽  
Learn Theory ◽  
Adoption And Implementation ◽  
Optimal Implementation

Legal education in Indonesia has followed a traditional model, focusing on the rote transfer of legal doctrine. Students are taught legal theories and sources of law but not how to critically apply the law in concrete real-world scenarios. Consequently, law graduates tend to be unprepared for the workforce, which is a regular complaint of employers. To overcome this impediment, some law faculties in Indonesia adopted clinical legal education (CLE) as a ‘new method’ in the legal education system, whereby students not just learn theory but also gain practical legal experience. This article analyses the adoption of the model and methods of applying CLE to legal education in Indonesia. This study uses the doctrinal research method with a qualitative approach. It is found that the adoption of CLE in Indonesia is diverse; some programmes include it in the core curriculum, while others make it an extracurricular activity. CLE programmes generally use three of six methods, namely street law, advocacy and internship. The differences in the three methods of CLE directly influence their success, exposing participants to interaction with live clients, public speaking and networking. This article recommends that in order to achieve the optimal implementation of CLE, uniformity of the CLE adoption model in Indonesia’s legal education curriculum is needed.

Certified Patient Decision Aids: Solving Persistent Problems with Informed Consent Law

2017 ◽  
Vol 45 (1) ◽  
pp. 12-40 ◽  
Author(s):  
Thaddeus Mason Pope
Keyword(s):  
Decision Making ◽  
Informed Consent ◽  
Medical Treatment ◽  
Shared Decision Making ◽  
Decision Aids ◽  
Shared Decision ◽  
Legal Doctrine ◽  
Patient Decision Aids ◽  
Patient Decision ◽  
Decision Making Processes

The legal doctrine of informed consent has overwhelmingly failed to assure that the medical treatment patients get is the treatment patients want. This Article describes and defends an ongoing shift toward shared decision making processes incorporating the use of certified patient decision aids.

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